Purpose of section.

- The Act of 1810 from which this section came was intended to place all judgments on the same footing, whether obtained in the superior, inferior, or justice of the peace courts. Watson v. Watson, 1 Ga. 266 (1846).

General judgment constitutes general lien.

- Lien of a general judgment, when execution issues thereon and it is properly recorded on the general execution docket, constitutes a general lien on all of the defendant's property. Anderson v. Burnham, 12 Bankr. 286 (Bankr. N.D. Ga. 1981).

Creditor acquires a lien against a defendant as soon as the creditor obtains a judgment. In re Tinsley, 421 F. Supp. 1007 (M.D. Ga. 1976), aff'd, 554 F.2d 1064 (5th Cir. 1977).

Establishing date of trial court judgment.

- As to personal property, former Code 1933, §§ 110-506 and 110-507 (see now O.C.G.A. §§ 9-12-80 and9-12-89) applied to establish the date of a trial court judgment as the date on which creditors obtain a lien. In re Tinsley, 421 F. Supp. 1007 (M.D. Ga. 1976), aff'd, 554 F.2d 1064 (5th Cir. 1977).

Earlier obtained, but later domesticated foreign judgment.

- Because a foreign judgment cannot be enforced until the judgment is domesticated, a Georgia judgment had priority over an earlier obtained, but later domesticated, foreign judgment against the same debtor. NationsBank v. Gibbons, 226 Ga. App. 610, 487 S.E.2d 417 (1997).

What and when property bound.

- Judgments bind all the property owned by the defendant, from their date, as well that subsequently acquired as that owned at the time of signing the judgment. Kollock v. Jackson, 5 Ga. 153 (1848).

Judgment lien binds all the property of the defendant in judgment including after-acquired property. Claussen Concrete Co. v. Walker (In re Lively), 74 Bankr. 238 (S.D. Ga. 1987), aff'd, 851 F.2d 363 (11th Cir. 1988).

Divorce judgments are exception to the rule that all the property of the defendant-debtors is bound from the date of the judgment; a judgment for permanent alimony does not create a lien for future monthly installments unless a lien is expressly created against the property in the alimony judgment. Cale v. Hale, 157 Ga. App. 412, 277 S.E.2d 770 (1981).

An ex-wife's fieri facias and summons of garnishment relate back to the original divorce judgment entered against her ex-husband and she takes priority as the holder of the oldest judgment; but she can take priority only in that portion of the garnishment fund which represents the ex-husband's arrearage on the date of the second creditor's judgment because she does not have a lien at the latter date for future installments that were not yet payable. Cale v. Hale, 157 Ga. App. 412, 277 S.E.2d 770 (1981).

One in whose favor an alimony judgment has been granted, though payable in installments, is entitled to an execution or fieri facias for the purpose of enforcing the judgment whenever and as often as an installment or installments become due and are unpaid; the clerk of the court is required by law to issue such fi. fa. on request of the plaintiff or the plaintiff 's attorney, as a matter of right; and it is not essential that a judgment should be obtained from the court for that purpose. Cale v. Hale, 157 Ga. App. 412, 277 S.E.2d 770 (1981).

There is an exception to the no lien rule in alimony cases when there is an execution against the property or an attachment of the proceeds for the sale of the defendant's property for past due installments. Cale v. Hale, 157 Ga. App. 412, 277 S.E.2d 770 (1981).

Lien to enforce weekly alimony payments permitted.

- When the jury provides permanent alimony for the wife in an amount capable of exact determination, a provision in the verdict that it be discharged by designated weekly payments does not prevent the court by the court's decree from providing a lien for the protection of such judgment. Roberson v. Roberson, 199 Ga. 627, 34 S.E.2d 836 (1945).

It is not necessary that the verdict of a jury shall provide for establishment of a lien to follow the judgment since the lien follows a money judgment for an amount certain as a matter of law; and this applies to a judgment for alimony. Roberson v. Roberson, 199 Ga. 627, 34 S.E.2d 836 (1945).

Legal title in defendant.

- Property is bound if there is a good subsisting, legal title in the defendant at the time of the judgment. Ware v. Jackson, 19 Ga. 452 (1856).

Property is bound from the signing of the judgment and does not relate back to the first day of the term. Morgan v. Sims & Nance, 26 Ga. 283 (1858); Royal Indem. Co. v. Mayor of Savannah, 209 Ga. 383, 73 S.E.2d 205 (1952).

Judgment lien attaches upon property previously mortgaged as well as upon any not so encumbered. Green v. Coast Line R.R., 97 Ga. 15, 24 S.E. 814, 54 Am. St. R. 379, 33 L.R.A. 806 (1895).

Judgment lien on real property is perfected when recorded.

- In determining that a debtor's transfer of a security interest in certain real property to a judgment creditor occurred for purposes of 11 U.S.C. § 547(b) when the creditor's judgment lien was recorded, the court applied O.C.G.A. § 9-12-86 because: (1) case law holding that an unrecorded deed had priority over a recorded judgment lien was limited to O.C.G.A. § 44-2-2 and did not prevent the application of § 9-12-86 in the instant case; (2) § 9-12-86 provided an exception to O.C.G.A. § 9-12-80's general rule that a creditor acquired a lien when judgment was entered; and (3) a trustee's imputed knowledge of a transfer was not relevant for purposes of 11 U.S.C. § 547. Pettigrew v. Hoey Constr. Co. (In re NotJust Another CarWash, Inc.), Bankr. (Bankr. N.D. Ga. Feb. 15, 2007).

Type of property which is bound.

- Judgment in a general sense binds all the property, both real and personal, of the person against whom the judgment is rendered, the lien of such judgment, in the special sense which prevents the alienation of the property of the debtor after the judgment's rendition, attaches only to such property of the debtor as is capable of seizure and sale under execution based upon such judgment. Fidelity & Deposit Co. v. Exchange Bank, 100 Ga. 619, 28 S.E. 393 (1897); Ivey v. Gatlin, 194 Ga. 27, 20 S.E.2d 592 (1942).

Former Civil Code 1910, §§ 5946 and 6057 (see now O.C.G.A. §§ 9-12-80 and9-13-55) bind only such property of the debtor as was capable of actual seizure, sequestration, and delivery in satisfaction of the creditor's demand. In that sense it operated as a lien upon choses in action. When moneys have been reduced to the possession of the court by the collection of choses in action, the liens of preexisting judgments attach thereto, and, upon distribution, were entitled to preference according to their dignity and priority; but the liens of such judgments cannot be held to so attach to money or choses in action as that, proprio vigore, they will prevent the alienation by the debtor of that class of property before some proceeding necessary to fix absolutely the lien of such judgment so as to remove the judgment from the personal dominion and control of the debtor. Piedmont Sav. Co. v. Chapman, 42 Ga. App. 555, 156 S.E. 638 (1931).

Recording requirement for personal property.

- Creditor had a judicial lien against a debtor's personal property that was obtained through a consent judgment for a deficiency on a car loan, even without recording the lien or obtaining a writ of fieri facias, as O.C.G.A. §§ 9-12-80 and9-12-86 did not require a recording for personal property, and the failure to record only affected the creditor's interests against third parties. Action Motors, Inc. v. Milliner (In re Milliner), 554 Bankr. 525 (Bankr. M.D. Ga. 2016).

Land held by absolute deed as security for a debt still unpaid is subject to levy and sale as the property of the vendee, under a judgment against the vendee, no matter whether the judgment creditor gave credit on the faith of the property so held or not. Parrott v. Baker, 82 Ga. 364, 9 S.E. 1068 (1889).

Homeowners association as judgment creditor entitled to file a lien.

- Because a judgment debtor's personal property was automatically bound by a judgment as of the date a state court judgment was rendered, O.C.G.A. §§ 9-12-80 and44-14-320(a)(2), a homeowners' association became a judgment creditor of the homeowners upon the entry of a state court judgment and was entitled to file a lien binding the homeowners' property. Laosebikan v. Lakemont Cmty. Ass'n, 302 Ga. App. 220, 690 S.E.2d 505 (2010).

Priority favors older lien.

- Plaintiff having two executions which are liens on money, in the hands of the sheriff, arising from the sale of the defendant's property, cannot apply the fund to either writ of fieri facias at the plaintiff's option; but the law appropriates the proceeds of the debtor's property to the older lien. Louie v. Moore, 8 Ga. 194 (1850); Newton v. Nunnally, 4 Ga. 356 (1848).

Senior judgment prevails.

- Although the lien of a judgment against a shareholder in a corporation does not attach to the stock upon the rendition of the judgment, so as to prevent a transfer or alienation of the stock by the owner, or to affect any right of the corporation, yet in a contest in the nature of a money rule over a fraud derived from the sale of stock in a corporation, pursuant to levy, when the only claimants are holders of conflicting judgments against the shareholder, the money should be applied to the senior judgment, notwithstanding levies were made under both judgments and the execution based upon the younger judgment was the first to be levied. Piedmont Sav. Co. v. Chapman, 42 Ga. App. 555, 156 S.E. 638 (1931).

As between the liens of the judgments rendered at different terms of the same court, the senior judgment has priority. Fas-Pac, Inc. v. Fillingame, 123 Ga. App. 203, 180 S.E.2d 243 (1971).

Execution from United States Circuit Court.

- Execution issued from the Circuit Court of the United States for the districts of Georgia, the lien of which is not extinguished, can claim money in the state courts. McNair v. Bateman & Talton, 27 Ga. 181 (1859).

Priority of judgment entered by lower court and appealed to higher court.

- When an appeal to the superior court from a judgment in a justice of the peace court was entered by the defendant, the latter judgment, as to priority, is to be treated as being of the date when the judgment appealed from was entered and, accordingly, it takes precedence over another judgment rendered by the superior court, older than the judgment on the appeal, but younger than the original judgment entered in the justice of the peace court. Watkins v. Angier, 99 Ga. 519, 27 S.E. 718 (1896).

Holder of unrecorded judgment obtained in county other than defendant's residence.

- When a judgment is obtained against a defendant in a county other than that of the defendant's residence, and in a county in which the defendant's personal property is located, it becomes from the time of the judgment's rendition a lien on such property, under the provisions of this section, and does not fall within any of the exceptions to the statutory provisions. Hence the holder of such judgment, though it is unrecorded, has priority over a purchaser of the property from the defendant in the judgment who buys subsequently to the rendition of the judgment, but without notice thereof. Reynolds Banking Co. v. I.F. Peebles & Co., 142 Ga. 615, 83 S.E. 229 (1914); Reynolds Banking Co. v. I.F. Peebles & Co., 15 Ga. App. 387, 83 S.E. 504 (1914).

Priority of sale under junior judgment.

- Sale of property under a junior judgment and execution passes the title as against the lien of older judgments. Dowdell v. Neal, 10 Ga. 148 (1851).

This section requires parties holding older judgments to interpose them to claim the proceeds of the sale of property when sold under a junior judgment. McNair v. Bateman & Talton, 27 Ga. 181 (1859).

Priority of lien of factor and judgment lien.

- Lien of judgments has precedence over and is paramount to the lien of a factor upon property in possession. Kollock v. Jackson, 5 Ga. 153 (1848).

Assignment by debtor before collateral proceeding.

- Assignment of the chose in action by the debtor before the institution of a collateral proceeding or garnishment passes to the assignee the property of the debtor in the chose in action assigned, freed from the lien of a general judgment previously rendered against the assignor. Fidelity & Deposit Co. v. Exchange Bank, 100 Ga. 619, 28 S.E. 393 (1897).

Effect of discharge in bankruptcy.

- Discharge in bankruptcy under the federal act did not affect the lien of a general judgment nor the lien of a mortgage obtained more than four months prior to the filing of the petition in bankruptcy, relative to property set apart as exempt under the bankrupt's claim of homestead exemption, although holders of such liens may have proved their claims in bankruptcy. McBride v. Gibbs, 148 Ga. 380, 96 S.E. 1004 (1918); Georgia Sec. Co. v. Arnold, 56 Ga. App. 532, 193 S.E. 355 (1937).

Effect of state law on bankruptcy action.

- If a creditor had a state law right to seize and recover the property, its lien would attach to after-acquired property recovered by the bankruptcy trustee. Therefore, to determine if the creditor's judgment lien attached to the property recoverable by the trustee as an 11 U.S.C. § 548 fraudulent transfer, the court was required to determine if the creditor had a right under state law, independent of the bankruptcy filing, to recover the property. Coleman v. J&B Enters. (In re Veterans Choice Mortg.), 291 Bankr. 894 (Bankr. S.D. Ga. 2003).

Debtor could not use 11 U.S.C. § 544(a)(1) to avoid a creditor's preexisting judicial lien because, under O.C.G.A. § 9-12-80, the creditor's lien arose when the judgment was obtained, approximately one year before the bankruptcy petition was filed and the debtor's hypothetical lien was created. Natl Serv. Direct, Inc. v. Anderson (In re Nat'l Serv. Direct, Inc.), Bankr. (Bankr. N.D. Ga. Jan. 28, 2005).

Discharge in bankruptcy does not affect the prior lien of a judgment upon land set apart to the bankrupt as exempt, the creditor not having proved the debt, nor done anything to waive the creditor's lien or submit it to the jurisdiction of the bankruptcy court. Bush v. Lester, 55 Ga. 579 (1876).

Judgment in trover vests the title absolutely in the plaintiff, so far as the property itself is concerned, and when a money judgment is elected, this judgment would become a special lien upon the property sued for, and a general lien upon all other property of the defendant. McWilliams v. Hemingway, 80 Ga. App. 843, 57 S.E.2d 623 (1950).

Judgment does not create lien on chose in action.

- Lien on a chose in action is created by the service of a summons of garnishment, and the lien dates from the date of the service of summons, and not from the date of the judgment. Anderson v. Burnham, 12 Bankr. 286 (Bankr. N.D. Ga. 1981).

Creditor with the older judgment takes priority over the junior creditor in the distribution of garnishment funds. Cale v. Hale, 157 Ga. App. 412, 277 S.E.2d 770 (1981).

Limited partnership interest.

- Limited partner's interest is a chose-in-action which cannot be reached by a judgment lien without garnishment or some other collateral action. Harris v. C.C. Dickson, Inc. (In re Smith), 17 Bankr. 541 (Bankr. M.D. Ga. 1982); Prodigy Centers/Atlanta v. T-C Assocs., 269 Ga. 522, 501 S.E.2d 209 (1998).

Priority of judgments rendered at same term of court.

- All judgments rendered at same term of court shall be considered of equal date and no execution shall be entitled to any preference by reason of being first placed in the hands of the levying officer. Wellington v. Lenkerd Co., 157 Ga. App. 755, 278 S.E.2d 458 (1981).

Cited in Dennis v. Green, 20 Ga. 386 (1856); Toombs v. Hill, 28 Ga. 371 (1859); Green v. Coast Line R.R., 97 Ga. 15, 24 S.E. 814, 54 Am. St. R. 379, 33 L.R.A. 806 (1895); Burt v. Gooch, 37 Ga. App. 301, 139 S.E. 912 (1927); Coleman v. Law, 170 Ga. 906, 154 S.E. 445 (1930); Sells v. Sells, 175 Ga. 110, 165 S.E. 1 (1932); Beam v. Rome Hdwe. Co., 184 Ga. 272, 191 S.E. 126 (1937); Tanner v. Wilson, 184 Ga. 628, 192 S.E. 425 (1937); Bradley v. Booth, 62 Ga. App. 770, 9 S.E.2d 861 (1940); Shedden v. National Florence Crittenton Mission, 191 Ga. 428, 12 S.E.2d 618 (1940); Tilley v. King, 193 Ga. 602, 19 S.E.2d 281 (1942); Virginia-Carolina Chem. Co. v. Willoughby, 66 Ga. App. 900, 19 S.E.2d 816 (1942); Postell v. Val-Lite Corp., 78 Ga. App. 199, 51 S.E.2d 63 (1948); Pethel v. Liberal Fin. Co., 86 Ga. App. 773, 72 S.E.2d 563 (1952); Stephens v. Stephens, 220 Ga. 22, 136 S.E.2d 726 (1964); Kilgore v. Buice, 229 Ga. 445, 192 S.E.2d 256 (1972); White v. Georgia Farm Bureau Mut. Ins. Co., 234 Ga. 186, 215 S.E.2d 240 (1975); Grossman v. Glass, 239 Ga. 319, 236 S.E.2d 657 (1977); Landmark First Nat'l Bank v. Schwall & Heuett, 161 Ga. App. 356, 288 S.E.2d 331 (1982); Williamson v. Lucas, 78 Bankr. 372 (Bankr. M.D. Ga. 1987); Cravey v. L'Eggs Prods., Inc., 100 Bankr. 119 (Bankr. S.D. Ga. 1989); Dee v. Sweet, 224 Ga. App. 285, 480 S.E.2d 316 (1997); RCF Techs., Inc. v. Rubbercraft Corp. (In re RCF Techs., Inc.), 285 Bankr. 531 (Bankr. S.D. Ga. 2001).

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judgments, § 8 et seq.

C.J.S.

- 49 C.J.S., Judgments, § 637 et seq.

ALR.

- Priority as between judgment lien and unrecorded mortgage, 4 A.L.R. 434.

Priority of judgment over conveyance made after beginning of term but prior to rendition of judgment, 5 A.L.R. 1072.

Judgment as lien on judgment debtor's equitable interest in real property, 30 A.L.R. 504.

Necessity and sufficiency of notice of assignment of judgment to affect stranger dealing with real property on which the judgment is a lien, 30 A.L.R. 820.

Grounds for vacation of satisfaction of judgment, 51 A.L.R. 243.

Attorney's lien subject to setoff against judgment, 51 A.L.R. 1268.

Priority as between decree for alimony and claims of other creditors, 66 A.L.R. 1473.

Priority as between judgments of different dates as regards lien on subsequently acquired property, 67 A.L.R. 1301.

Lien of judgment against heir or devisee as attaching to land sold by executor or administrator, 68 A.L.R. 1479.

Expiration of period of life of judgment as affecting pending garnishment proceeding by judgment creditor against one indebted to judgment debtor, 75 A.L.R. 1359.

Constitutionality, construction, and application of statutes empowering court to require judgment debtor to make payment out of income or by installments, 111 A.L.R. 392.

Statute limiting duration of lien, or life, of judgment, or revival thereof, as applicable to judgment in favor of state or political units thereof, 118 A.L.R. 929.

Lien of judgment as affected by guardianship of incompetent or infant judgment debtor, 119 A.L.R. 1212.

Decree for periodical payments for support or alimony as a lien or the subject of a declaration of lien, 59 A.L.R.2d 656.

Judgment lien or levy of execution on one joint tenant's share or interest as severing joint tenancy, 51 A.L.R.4th 906.

Priority between attorney's charging lien against judgment and opposing party's right of setoff against same judgment, 27 A.L.R.5th 764.