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2018 Georgia Code 9-13-166 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-13-166 Case Law from Google Scholar Amendments to OCGA 9-13-166

TITLE 9 CIVIL PRACTICE

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

ARTICLE 7 JUDICIAL SALES

9-13-166. Form of tender.

Purchasers at judicial sales need not tender cash but, as an alternative, may tender a cashier's or certified check which is drawn for the amount of the purchase price and which is issued by or certified by any financial institution insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.

(Ga. L. 1976, p. 367, § 1.)

JUDICIAL DECISIONS

Refusal to confirm sale was error.

- Trial court's refusal to confirm a judicial sale was reversed as a cashier's check tendered by a buyer was the statutory and functional equivalent of a cash payment; because of the plain language and purpose of O.C.G.A. § 9-13-166, the unsuccessful bidders should not have been confused; further, the unsuccessful bidders did not have any more cash available and could not have obtained a cashier's check for any more than the amount they bid; any confusion as to the appropriate method of payment made no difference in the outcome. Upchurch v. Chaney, 280 Ga. 891, 635 S.E.2d 124 (2006).

Cited in Buffington v. Sigler, 259 Ga. 478, 383 S.E.2d 876 (1989).

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Judicial Sales, § 131 et seq.

C.J.S.

- 50A C.J.S., Judicial Sales, § 59 et seq.

ALR.

- Conditional bid at judicial or execution sale, 104 A.L.R. 632.

Propriety of accepting check or promissory note in satisfaction of bid at execution or judicial sale had for cash, 86 A.L.R.2d 292.

Cases Citing O.C.G.A. § 9-13-166

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Upchurch v. Chaney, 280 Ga. 891 (Ga. 2006).

Cited 1 times | Published | Supreme Court of Georgia | Sep 18, 2006 | 635 S.E.2d 124, 2006 Fulton County D. Rep. 2889

...prepare for the sale. The trial court’s order that the sale would be conducted “for cash” was plainly meant to distinguish the sale from one conducted “for credit,” not to require the successful bidder to tender actual hard currency.6 OCGA § 9-13-166 plainly states that the winning bid in a *892“for cash” judicial sale can be tendered by cash, certified check, or cashier’s check....
...ad sufficient funds immediately available to cover the payment. Decided September 18, 2006. Funderburk, Day & Lane, Bradford C. Dodds, for appellant. Jesse L. Young, Meacham, Earley & Jones, Karen D. Earley, for appellees. The plain purpose of OCGA § 9-13-166, then, is to recognize the obvious impracticality of forcing a bidder in a “for cash” sale to tender a briefcase full of money on the courthouse steps. In this context, the cashier’s check tendered by Upchurch was the statutory and functional equivalent of a cash payment. Because of the plain language and purpose of OCGA § 9-13-166, the appellees should have suffered from no confusion. Moreover, the appellees’ own statements show that they were not harmed by their alleged confusion regarding the method of payment....
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Buffington v. Sigler, 259 Ga. 478 (Ga. 1989).

Cited 1 times | Published | Supreme Court of Georgia | Sep 28, 1989 | 383 S.E.2d 876

...The sole question in this appeal is whether Sigler complied with the terms of the sale. Clearly, tendering his personal check as payment would not meet the requirement that payment be by United States currencies, cashier’s or certified check. OCGA § 9-13-166....
...Because there is no judicial supervision of the sale itself, it is of great importance that there be clear procedures, and that they be followed precisely. The rules of tender are strict because they need to be strict. Although a cashier’s check is valid tender under OCGA § 9-13-166, no cashier’s check was tendered at the sale....