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O.C.G.A. § 9-13-53 — When constable may levy on land; sale by sheriff | Georgia Code
O.C.G.A. § 9-13-53 (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 3 PROPERTY AGAINST WHICH EXECUTION LEVIED

9-13-53. When constable may levy on land; sale by sheriff.

No constable, except as provided by this Code, shall be authorized to levy on any real estate unless there is no personal property to be found sufficient to satisfy the debt or unless the real estate, being in the possession of the defendant, was pointed out by the defendant. In such event the constable is authorized to levy on such real estate, if in his county, and to deliver over the execution to the sheriff of the county a return of the property levied upon; and the sheriff shall proceed to advertise and sell the same as in case of levies made by himself.

(Orig. Code 1863, § 3574; Code 1868, § 3597; Code 1873, § 3645; Code 1882, § 3645; Civil Code 1895, § 5429; Civil Code 1910, § 6034; Code 1933, § 39-121.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, §§ 125, 137, 138.

9A Am. Jur. Pleading and Practice Forms, Executions, § 100.

C.J.S.

- 33 C.J.S., Executions, § 135.

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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.