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O.C.G.A. § 9-12-65 — Scire facias when judgment transferred | Georgia Code
O.C.G.A. § 9-12-65 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 9 CIVIL PRACTICE

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

ARTICLE 3 DORMANCY AND REVIVAL OF JUDGMENTS

9-12-65. Scire facias when judgment transferred.

When a judgment has been transferred, the scire facias shall issue in the name of the original holder of the judgment for the use of the transferee.

(Orig. Code 1863, § 3528; Code 1868, § 3551; Code 1873, § 3610; Code 1882, § 3610; Civil Code 1895, § 5384; Civil Code 1910, § 5979; Code 1933, § 110-1009; Ga. L. 1982, p. 3, § 9.)

JUDICIAL DECISIONS

Amendable defect not objected to curable by verdict.

- When the petition for revival of a judgment was defective, since the petition should have been brought in the name of the original plaintiff suing for the use of the transferee, this, being an amendable defect to which there was no demurrer (now motion to dismiss) or other objection upon the trial, was cured by the verdict. Walker v. Turner, 203 Ga. 525, 47 S.E.2d 504 (1948).

Effect of misnomer in scire facias petition.

- Judgment obtained by revival of a dormant judgment by scire facias in the name of a plaintiff as transferee, instead of in the name of the original plaintiff, suing for the use of the transferee, as required by this section, cannot be treated as a void judgment, unless it appears that the court rendering such judgment did not have jurisdiction. Chapman v. Taliaferro, 1 Ga. App. 235, 58 S.E. 128 (1907).

Cited in Trust Co. v. Mortgage-Bond Co., 203 Ga. 461, 46 S.E.2d 883 (1948).

RESEARCH REFERENCES

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judgments, § 431 et seq.

C.J.S.

- 49 C.J.S., Judgments, § 867.

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This Georgia Code resource is curated by an Orange Park personal injury and workers' comp lawyer, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 9 in the context of Georgia civil practice and statute of limitations and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.