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2018 Georgia Code 9-12-82 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-12-82 Case Law from Google Scholar Amendments to OCGA 9-12-82

TITLE 9 CIVIL PRACTICE

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

ARTICLE 4 JUDGMENT LIENS

9-12-82. When money judgment outside county of defendant's residence creates lien against third parties without notice.

As against bona fide purchasers for value without actual notice of a judgment or other third parties acting in good faith and without notice who have acquired a transfer or lien binding the defendant's property, no money judgment obtained in any court of this state or federal court in this state outside the county of the defendant's residence shall create a lien upon the property of the defendant located in any county other than that where obtained unless the execution issuing thereon is entered upon the general execution docket of the county of the defendant's residence within 30 days from the date of the judgment. When the execution is entered upon the docket after the 30 days, the lien shall date from such entry.

(Laws 1822, Cobb's 1851 Digest, p. 497; Ga. L. 1851-52, p. 238, § 1; Code 1863, § 3502; Code 1868, § 3525; Code 1873, § 3583; Ga. L. 1878-79, p. 143, § 2; Code 1882, § 3583; Ga. L. 1889, p. 1006, § 3; Civil Code 1895, §§ 2780, 5356; Civil Code 1910, §§ 3322, 5951; Code 1933, §§ 39-702, 110-512.)

JUDICIAL DECISIONS

This section has reference to general judgments against the defendant and all the defendant's property, and not to a judgment in rem. Whittle v. Tarver, 75 Ga. 818 (1885).

Applicability.

- This section applies only when the property of the defendant levied upon is in any county other than where the judgment was obtained. Reynolds Banking Co. v. I.F. Peebles & Co., 142 Ga. 615, 83 S.E. 229 (1914).

This section applies when a suit is brought against joint obligors, joint promisors, copartners, or joint trespassers residing in different counties, and is tried in the county of one of such defendants, and in order for a successful plaintiff in such suit to have a lien upon the personal property of such nonresident joint defendant in any other county than where the judgment was obtained the plaintiff must enter the execution issuing upon such judgment upon the general execution docket of the county of the plaintiff's residence within 30 days from the time the judgment is rendered. Bradley v. Booth, 62 Ga. App. 770, 9 S.E.2d 861 (1940).

Former Code 1933, § 39-702 (see now O.C.G.A. § 9-12-82) as qualified by former Code 1933, § 39-703 (see now O.C.G.A. § 9-12-83) referred to judgments obtained in counties of this state outside of the county of the defendant's residence, and provided for entry of an execution on the general execution docket of the county of the residence of the defendant within 30 days, which if done would cause the lien of the judgment to attach from its date to all personal property of the defendant located in any county in this state. Bradley v. Booth, 62 Ga. App. 770, 9 S.E.2d 861 (1940).

Entry on docket other than when judgment obtained.

- Under this section, entry of an execution on the general execution docket of a county in which land of the defendant is located, other than the county in which the judgment was obtained or the county in which the defendant resided at the commencement of the suit, will convey constructive notice of the judgment and cause the lien of the judgment to affect the land as against a bona fide purchaser for value, without actual knowledge of the judgment, who acquires the land after the execution has been entered on the docket. Relatively to land of the defendant so located, it is not necessary, in order to bind the property as against such purchaser, that the execution be entered on the general execution docket of the county in which the judgment was obtained or the county in which the defendant resided. Citizens Bank v. Jenkins, 156 Ga. 874, 120 S.E. 607 (1923).

Cited in Brown v. Caylor, 144 Ga. 302, 87 S.E. 295, 1916D Ann. Cas. 745 (1915); Citizens Bank v. Jenkins, 156 Ga. 874, 120 S.E. 607 (1923); Boroughs v. Belcher, 211 Ga. 273, 85 S.E.2d 422 (1955).

RESEARCH REFERENCES

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judgments, § 351 et seq.

C.J.S.

- 49 C.J.S., Judgments, § 784.

ALR.

- Conclusiveness of decree assessing stockholders or policyholders of insolvent corporations or mutual insurance companies, as against nonresidents, not personally served within state in which decree was rendered, 175 A.L.R. 1419.

Issuance or levy of execution as extending period of judgment lien, 77 A.L.R.2d 1064.

Cases Citing O.C.G.A. § 9-12-82

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Synovus Bank d/b/a First Cmty. Bank of Tifton v. Kelley, 847 S.E.2d 592 (Ga. 2020).

Cited 7 times | Published | Supreme Court of Georgia | Aug 24, 2020 | 309 Ga. 654

...r the transfer is made, Section 547 provides that the date of the transfer’s perfection is considered to be the date the transfer was made for purposes of determining if the trustee may avoid the transfer. 11 USC § 547 (e) (2) (B). See also OCGA § 9-12-82 (providing that when executions of judgment are entered on the GED more than 30 days after judgment, “the lien shall date from such entry”). Synovus filed the judgment lien in Worth County on January 25, 2017, more than 30 days after the December 7, 2016 judgment date....
...“when a bona fide purchaser of such property from the debtor against whom applicable law permits such transfer to be perfected cannot acquire an interest that is superior to the interest of the transferee[.]” 11 USC § 547 (e) (1) (A). See also OCGA § 9-12-82 (“As against bona fide purchasers for value without actual notice of a judgment ....
...and should not apply as between the judgment creditor and debtor. However, we note that the only statute that expressly addresses the validity of liens as between the parties to a judgment provides that “[n]othing in Code Sections 9-12-81 and 9-12-82 shall be construed to affect the validity or force of any deed, mortgage, judgment, or other lien of any kind as between the parties thereto.” OCGA § 9-12-85. OCGA §§ 9-12-81 and 9-12-82 address the requirement of recording the liens in order to preserve the judgment creditor’s priority over third parties acting in good faith and without notice and bona fide purchasers for value without notice. Based on the plain language of the text, we conclude that nothing in OCGA §§ 9-12-85, 9-12-81, or 9-12-82 limits the judgment shall not be bound by the judgment except so far as to prevent the alienation by the defendant of his property between its signing and the signing of the judgment on the appeal, but the property shal...