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O.C.G.A. § 9-13-16 — Penalty for fraudulent levy | Georgia Code

O.C.G.A. § 9-13-16 (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

9-13-16. 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- Although O.C.G.A. § 9-13-16 could have possibly been read to apply to tax executions, it was impliedly repealed by the amendments to and the repeal of former O.C.G.A. § 48-3-19, and as a trial court apparently relied on a misinterpretation of the law in that area, a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).

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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.