O.C.G.A.

O.C.G.A. § 9-13-16 (2019)

Penalty for fraudulent levy

✓ 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.

Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

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.)

Annotations

RESEARCH REFERENCES ALR. - Recovery of damages for mental anguish, distress, suffering, or the like, in action for wrongful attachment, gar-

nishment, sequestration, or execution, 83 ALR3d 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 - Although O.C.G.A. § 9-13-16 could have possibly been read to apply to tax executions, it was impliedly repealed by the amendments to and the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 interlocu-

tory 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).

ARTICLE 2 PARTIES IN EXECUTION

Notes of Decisions

Cited in 2 cases, 1995–1997 · leading case: Matter of Washburn, 464 S.E.2d 192 (Ga. 1995).

Sort: Relevance Newest Treatment

Matter of Washburn, 464 S.E.2d 192 (Ga. 1995). · cites it 12× “However, the State Bar has filed exceptions and seeks disbarment of Washburn pursuant to Standard 66 of Bar Rule 4-102, which authorizes the imposition of that sanction upon conviction of any felony or misdemeanor involving moral turpitude.”

Seay v. Cleveland, 493 S.E.2d 30 (Ga. Ct. App. 1997). · cites it 2× “, subsequently pled guilty to a violation of OCGA § 9-13-16 and was sentenced to serve one year in prison; his license to practice law in Georgia was also suspended.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.