O.C.G.A. § 9-13-57 (2019)

Annotations

JUDICIAL DECISIONS Chose in action is immune from levy, unless made subject by statute. Harvey v. Wright, 80 Ga. App. 232, 55 S.E.2d 835 (1949). Judgment creates no lien on choses in action belonging to the defendant. Anderson v. Ashford & Co., 174 Ga. 660, 163 S.E. 741 (1932). Judgment does not bind a chose in action; and the judgment would constitute no lien upon money in the possession of the defendant, or upon wages in the possession of a nonresident. Southland Loan & Inv. Co. v. Anderson, 178 Ga. 587, 173 S.E. 688 (1934). Under Georgia law, a judgment creditor may not create a lien upon a debtor’s chose in action except by way of summons of garnishment. Phillips & Jacobs, Inc. v. Color-Art, Inc., 553 F. Supp. 14 (N.D. Ga. 1982). Liens cannot be held to so attach to money or choses in action that the liens will prevent alienation by debtor of that class of property before the suing out of a summons of garnishment, or some other collateral proceeding necessary to fix absolutely the lien of such judgment so as to remove the judgment from the personal dominion and control of the debtor. Carmichael Tile Co. v. Yaarab

Temple Bldg. Co., 177 Ga. 318, 170 S.E. 294 (1933). Bankruptcy debtor’s pre-petition claim constituted a chose-in-action against which a creditor’s judgment lien did not attach because the creditor did not file a pre-petition garnishment action against it. Jankowski v. Dixie Power Sys. (In re Rose Marine, Inc.), 203 Bankr. 511 (Bankr. S.D. Ga. 1996). Garnishment proper means to reach debtor’s choses in action. - In order to reach the property of the debtor in choses in action, some other additional proceeding is necessary to fix the lien of such judgments. The fund must be reached either by process of garnishment, or by some collateral proceeding instituted for the purpose of impounding it, so that it can be applied in satisfaction of the judgment. Until it has been so seized by the courts for the purpose of appropriating it to the payment of the judgment, it is still subject to the dominion and control of the debtor, and the debtor may make a bona fide assignment or transfer of the fund in satisfaction of preexisting debts; and the person receiving it in pursuance of such transfer and assignment will take it freed from the general lien established by law in favor of a judgment creditor

against the property of the assignor. Carmichael Tile Co. v. Yaarab Temple Bldg. Co., 177 Ga. 318, 170 S.E. 294 (1933). Stock in corporation is chose in action and, in the absence of a statute, would not be subject to levy and sale under execution. Atlas Supply Co. v. United States Fid. & Guar. Co., 126 Ga. App. 483, 191 S.E.2d 103 (1972). Promissory note standing alone is chose in action, and the proper way to get a chose in action is by garnishment. Kilgore v. Buice, 229 Ga. 445, 192 S.E.2d 256 (1972). Promissory note secured by secu-

rity deed is not chose in action in the sense of not being subject to seizure and sale under execution. Kilgore v. Buice, 229 Ga. 445, 192 S.E.2d 256 (1972). Indebtedness secured by security deed is property subject to lien of properly recorded execution; and it can be seized and sold under execution. Kilgore v. Buice, 229 Ga. 445, 192 S.E.2d 256 (1972). Cited in Tow v. Evans, 194 Ga. 160, 20 S.E.2d 922 (1942); Summer v. Allison, 127 Ga. App. 217, 193 S.E.2d 177 (1972); Grossman v. Glass, 239 Ga. 319, 236 S.E.2d 657 (1977); JA-BE Distribs., Inc. v. Williford, 152 Ga. App. 485, 263 S.E.2d 262 (1979).

RESEARCH REFERENCES Am. Jur. 2d. - 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 143. C.J.S. - 33 C.J.S., Executions, § 35.

ALR. - Mortgagor or debtor’s statutory right to redeem or his right to possession after foreclosure as subject of levy and seizure by creditors, 57 ALR 1128.