O.C.G.A.

O.C.G.A. § 9-13-4 (2019)

Judge may frame executions

✓ 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.

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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.

History

(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.)

Annotations

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.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2008–2025 · leading case: Taylor v. Peachbelt Props., Inc., 667 S.E.2d 117 (Ga. Ct. App. 2008).

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Taylor v. Peachbelt Props., Inc., 667 S.E.2d 117 (Ga. Ct. App. 2008). · cites it 2× “12 See generally OCGA § 9-13-4. “The function of the superior court is administrative and equivalent to the determination of an amount due under a former final periodic-payment judgment.”

Wilson v. Dawson (M.D. Ga. 2025). · cites it 2× “, O.C.G.A. § 9-13-4 (protective orders). Second, to the extent Plaintiff seeks to have the United States Marshals Service serve process in this case (ECF Nos.”

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.