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2018 Georgia Code 9-12-85 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-12-85 Case Law from Google Scholar Amendments to OCGA 9-12-85

TITLE 9 CIVIL PRACTICE

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

ARTICLE 4 JUDGMENT LIENS

9-12-85. Deeds, mortgages, judgments, or liens between parties not affected by money judgments.

Nothing 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.

(Ga. L. 1889, p. 106, § 4; Civil Code 1895, § 2781; Civil Code 1910, § 3323; Code 1933, § 39-704.)

JUDICIAL DECISIONS

As against the rights of third parties acting in good faith, no judgment lien is binding against the property of a defendant located in the county where the judgment is obtained, unless the judgment is entered in the general execution docket as provided by this article, but nothing as provided by this article shall be construed to affect the validity or force of any deed, or mortgage, or judgment, or other lien of any kind as between the parties thereto. Roberson v. Roberson, 199 Ga. 627, 34 S.E.2d 836 (1945).

Applicability of O.C.G.A.

§ 9-12-81(b). - O.C.G.A. § 9-12-81(b) did not apply to a situation in which the court was asked to rule on the interest of the original parties to a judicial lien and not those of a third party. Natl Serv. Direct, Inc. v. Anderson (In re Nat'l Serv. Direct, Inc.), Bankr. (Bankr. N.D. Ga. Jan. 28, 2005).

Permanent alimony in amount capable of exact determination.

- 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).

Unnecessary for jury verdict to provide for lien.

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

RESEARCH REFERENCES

Am. Jur. 2d.

- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, §§ 145, 146.

C.J.S.

- 33 C.J.S., Executions, §§ 203 et seq., 219.

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