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O.C.G.A. § 9-13-122 — Affidavit of illegality - Not available for excessive levy generally | Georgia Code

O.C.G.A. § 9-13-122 (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 6 ILLEGALITY

9-13-122. Affidavit of illegality - Not available for excessive levy generally.

An affidavit of illegality shall not be a remedy for an excessive levy except where authorized by statute.

(Code 1933, § 39-1004.)

History of section.

- The language of this Code section is derived in part from the decision in Pinkston v. Harrell, 106 Ga. 102, 31 S.E. 808 (1898).

JUDICIAL DECISIONS

Cited in Investors Fin. Co. v. Hill, 194 Ga. 236, 21 S.E.2d 220 (1942); Henry v. Slack, 86 Ga. App. 198, 71 S.E.2d 96 (1952).

RESEARCH REFERENCES

Am. Jur. 2d.

- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, §§ 127, 128, 269.

C.J.S.

- 33 C.J.S., Executions, § 288 et seq.

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This Georgia Code resource is curated by 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.