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2018 Georgia Code 9-12-22 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-12-22 Case Law from Google Scholar Amendments to OCGA 9-12-22

TITLE 9 CIVIL PRACTICE

Section 12. Verdict and Judgment, 9-12-1 through 9-12-138.

ARTICLE 1 GENERAL PROVISIONS

9-12-22. Effect of transfer by attorney; ratification.

The transfer of a judgment by the attorney of record of the person in whose favor the judgment was entered shall be good to pass the title thereto as against every person except the person in whose favor judgment was entered or his assignee without notice. Ratification by the plaintiff shall estop him also from denying the transfer. Receipt of the money from the transfer shall be such a ratification.

(Orig. Code 1863, § 3517; Code 1868, § 3540; Code 1873, § 3598; Code 1882, § 3598; Civil Code 1895, § 5375; Civil Code 1910, § 5970; Code 1933, § 110-902.)

JUDICIAL DECISIONS

Reason judgment held by assignee not subject to setoff favoring judgments against assignor.

- Claim of the assignee of a judgment is subject to such equities and defenses as may have existed in favor of the judgment debtor against the judgment creditor at the time of the assignment, but is not subject to rights which did not then exist in favor of such judgment debtor and of which the debtor did not become possessed until some time later as by the subsequent purchase of judgments against the judgment creditor. Accordingly, a judgment which is held by an assignee is not subject to a setoff in favor of judgments existing against the assignor, but not acquired by the judgment debtor until after the assignment of the former judgment. Sheffield v. Preacher, 175 Ga. 719, 165 S.E. 742 (1932).

Cited in Kennedy v. Redwine, 59 Ga. 327 (1877); Southern Star Lightning Rod Co. v. Duvall, 64 Ga. 262 (1879); Shurley v. Black, 156 Ga. 683, 119 S.E. 618 (1923).

RESEARCH REFERENCES

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judgments, § 170.

C.J.S.

- 49 C.J.S., Judgments, § 832 et seq.

ALR.

- Payment of judgment by debtor without notice of its assignment, 32 A.L.R. 1021.

Enforceability of warrant of attorney to confess judgment against assignee, guarantor, or other party obligating himself for performance of primary contract, 5 A.L.R.3d 426.

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