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O.C.G.A. § 9-13-11 — Direction, levy, service, and return of execution when sheriff a party | Georgia Code
O.C.G.A. § 9-13-11 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 9 CIVIL PRACTICE

Section 13. Executions and Judicial Sales, 9-13-1 through 9-13-178.

ARTICLE 1 GENERAL PROVISIONS

9-13-11. Direction, levy, service, and return of execution when sheriff a party.

All executions, orders, decrees, attachments for contempt, and final process issued by the clerks of the courts in favor of or against any sheriff shall be directed to the coroner of the county in which the sheriff resides and to all and singular the sheriffs of the state, except the sheriff of the county in which the interested sheriff resides, and may be levied, served, and returned by the coroner, other sheriff, or constable of the county at the option of the plaintiff or the party seeking the remedy.

(Laws 1847, Cobb's 1851 Digest, p. 517; Code 1863, § 3554; Code 1868, § 3577; Code 1873, § 3633; Code 1882, § 3633; Civil Code 1895, § 5414; Civil Code 1910, § 6019; Code 1933, § 39-114.)

JUDICIAL DECISIONS

Object of this section is to prevent party from handling process against oneself. Gillis v. Smith, 67 Ga. 446 (1881).

Sheriffs are disqualified to perform official duties when the sheriffs have interest. Abrams v. Abrams, 239 Ga. 866, 239 S.E.2d 33 (1977).

When the sheriff is the defendant, the sheriff cannot levy against a codefendant. State v. Jeter, 60 Ga. 489 (1878).

Sheriff may levy execution for costs though the sheriff be interested. Vining v. Officers of Court, 86 Ga. 127, 12 S.E. 298 (1890).

Coroner is without authority to levy execution unless the execution is expressly directed to the coroner. But if it does not appear on the face of the proceedings that the sheriff is disqualified to act, then, upon affidavit being made of the fact and placed in the hands of the clerk of the court issuing the process, and by the clerk delivered to the coroner, that officer is authorized to make the levy. Blance & McGarough v. Mize, 72 Ga. 96 (1883).

Cited in Sanders v. State, 151 Ga. App. 590, 260 S.E.2d 504 (1979).

OPINIONS OF THE ATTORNEY GENERAL

This section does not give power to arrest sheriff in criminal matters; it refers to the transferal of certain ministerial duties from a sheriff to the coroner, when the sheriff is a party to a proceeding, and precludes a sheriff handling an order for final process against the sheriff personally. 1973 Op. Att'y Gen. No. 73-93.

This section applies to civil matters involving orders, decrees, attachments, executions, and final processes, and does not give authority to arrest a sheriff in criminal matters. 1973 Op. Att'y Gen. No. 73-93.

RESEARCH REFERENCES

Am. Jur. 2d.

- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 174 et seq.

C.J.S.

- 33 C.J.S., Executions, §§ 89, 91.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, 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.