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2018 Georgia Code 9-13-16 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-13-16 Case Law from Google Scholar Amendments to OCGA 9-13-16

TITLE 9 CIVIL PRACTICE

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

ARTICLE 1 GENERAL PROVISIONS

9-13-16. Penalty for fraudulent levy.

Any person who fraudulently causes any process, attachment, distress, or execution to be levied on any estrayed animal, lot of land, or other property, knowing that the same is not subject to the process or writ, shall, for the first offense, be guilty of a misdemeanor. For any subsequent conviction, the person shall be sentenced to confinement for not less than two nor more than four years.

(Laws 1837, Cobb's 1851 Digest, pp. 849, 850; Code 1863, § 4333; Ga. L. 1865-66, p. 233, § 14; Code 1868, § 4369; Code 1873, § 4436; Code 1882, § 4436; Penal Code 1895, § 218; Penal Code 1910, § 215; Code 1933, § 39-9901.)

RESEARCH REFERENCES

ALR.

- Recovery of damages for mental anguish, distress, suffering, or the like, in action for wrongful attachment, garnishment, sequestration, or execution, 83 A.L.R.3d 598.

JUDICIAL DECISIONS

Construction.

- Although O.C.G.A. § 9-13-16 could have possibly been read to apply to tax executions, it was impliedly repealed by the amendments to and the repeal of former O.C.G.A. § 48-3-19, and as a trial court apparently relied on a misinterpretation of the law in that area, a property owner's request for interlocutory injunctive relief against the county tax commissioner's selling or transferring tax executions on the owner's property to third parties required remand for further determination; as former § 48-3-19 was the specific statute, the repeal thereof meant that the general provisions of § 9-13-36 no longer guaranteed the rights therein. E-Lane Pine Hills, LLC v. Ferdinand, 277 Ga. App. 566, 627 S.E.2d 44 (2005).

Cases Citing O.C.G.A. § 9-13-16

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Busch v. State, 523 S.E.2d 21 (Ga. 1999).

Cited 51 times | Published | Supreme Court of Georgia | Nov 1, 1999 | 271 Ga. 591, 99 Fulton County D. Rep. 3974

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Rabun Gap-Nacoochee Sch. v. Thomas, 184 S.E.2d 824 (Ga. 1971).

Cited 13 times | Published | Supreme Court of Georgia | Oct 21, 1971 | 228 Ga. 231

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Matter of Washburn, 464 S.E.2d 192 (Ga. 1995).

Cited 6 times | Published | Supreme Court of Georgia | Dec 4, 1995 | 266 Ga. 50, 95 Fulton County D. Rep. 3739

...Smith, III, General Counsel, State Bar of Georgia, Atlanta, E. Duane Cooper, Asst. Gen. Counsel, State Bar of Georgia, Atlanta, for State Bar of Georgia. Alan F. Herman, Atlanta, for Washburn. PER CURIAM. Although Thomas L. Washburn pled guilty to a criminal charge of fraudulent levy in violation of OCGA § 9-13-16, the Special Master recommended he receive only a public reprimand and the Review Panel adopted that recommendation....
...s themselves. The State also introduced prior "similar transaction" evidence showing Washburn's participation in the sale of property to another party. After the case had been submitted to the jury, Washburn offered to plead guilty to violating OCGA § 9-13-16....
...ts of that Rule. Three-year suspension. *194 All the Justices concur, except HUNSTEIN, SEARS and THOMPSON, JJ., who dissent. HUNSTEIN, Justice, dissenting. Thomas L. Washburn pled guilty to the criminal charge of fraudulent levy in violation of OCGA § 9-13-16....