O.C.G.A.

O.C.G.A. § 9-13-145 (2019)

Advertising costs paid in advance; exception when affidavit of indigence filed

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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No sheriff or deputy sheriff shall be required to advertise the property of any defendant in execution for sale until the cost of the advertisement shall have been first paid by the plaintiff in execution, his agent, or his attorney, provided that when any such party plaintiff, or his agent or attorney for him, shall make and file an affidavit in writing that because of his indigence he is unable to pay such cost, it shall be the duty of the sheriff or his deputy to proceed as required by law.

History

(Ga. L. 1872, p. 42, § 1; Code 1873, § 3649; Code 1882, § 3649; Civil Code 1895, § 5459; Civil Code 1910, § 6064; Code 1933, § 39-1106.)

Annotations

JUDICIAL DECISIONS Newspaper owner may demand fees in advance. Ward v. County of Appling, 80 Ga. 672, 6 S.E. 914 (1888). When the plaintiff failed to tender costs of advertising to sheriff, the

sheriff is not liable for damages for not selling the property. Slaton v. Fisher, 145 Ga. 375, 89 S.E. 362 (1916). Cited in Small Equip. Co. v. Walker, 126 Ga. App. 827, 192 S.E.2d 167 (1972).

OPINIONS OF THE ATTORNEY GENERAL Newspapers may require cash in advance on legal advertising. 1958-59 Op. Att’y Gen. p. 1. RESEARCH REFERENCES C.J.S. - 66 C.J.S., Newspapers, § 27. ALR. - Steps to be taken by officer

before resale upon default of purchaser at judicial or execution sale, 24 ALR 1330.

T.9, C.13, A.7, P.2

PART 2 CONDUCT AND EFFECT