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2018 Georgia Code 9-13-4 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-13-4 Case Law from Google Scholar Amendments to OCGA 9-13-4

TITLE 9 CIVIL PRACTICE

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

ARTICLE 1 GENERAL PROVISIONS

9-13-4. Judge may frame executions.

The judge of any superior court may frame and cause to be issued by the clerk thereof any writ of execution to carry into effect any lawful judgment or decree rendered in his court.

(Orig. Code 1863, § 3561; Code 1868, § 3584; Code 1873, § 3639; Code 1882, § 3639; Civil Code 1895, § 5420; Civil Code 1910, § 6025; Code 1933, § 39-105.)

JUDICIAL DECISIONS

Writ should have been issued after revival of dormant judgment.

- In an action wherein a workers' compensation claimant had revived a lump-sum judgment of $37,747.08 plus accrued interest, which had become dormant against an employer, the trial court properly refused to amend the 2006 judgment that revived it to provide for weekly disability payments as the term of court ended and, therefore, the trial court had no authority to amend or alter that 2006 judgment. However, the trial court should have issued a writ of execution for the payments that became due after July 27, 2000, as those payments had not become dormant. Taylor v. Peachbelt Props., 293 Ga. App. 335, 667 S.E.2d 117 (2008).

Cited in Southern Express Co. v. Lynch, 65 Ga. 240 (1880); Dalenberg v. Dalenberg, 325 Ga. App. 833, 755 S.E.2d 228 (2014).

RESEARCH REFERENCES

Am. Jur. 2d.

- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 3.

C.J.S.

- 33 C.J.S., Executions, § 14.

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