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2018 Georgia Code 9-13-92 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-13-92 Case Law from Google Scholar Amendments to OCGA 9-13-92

TITLE 9 CIVIL PRACTICE

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

ARTICLE 5 CLAIMS

9-13-92. Affidavit of indigence.

In all claim cases where claimants are unable to give bond and security as required in this article, the claimants may file, in addition to the oath required in Code Section 9-13-90, an affidavit as follows:

"I, A.B., do swear that I do not interpose this claim for delay only; that I bona fide claim the right and title to the same; that I am advised and believe that the claim will be sustained; and that because of my indigence I am unable to give bond and security as required by law."

When the affidavit has been made and delivered to the levying officer, it shall suspend the sale in the same manner as if bond and security had been given.

(Ga. L. 1870, p. 411, § 1; Code 1873, § 3733; Code 1882, § 3733; Civil Code 1895, § 4618; Civil Code 1910, § 5164; Code 1933, § 39-807.)

JUDICIAL DECISIONS

This section provides that a pauper's affidavit may be given when the claimant shall be unable to give the bond and security required. George v. Davison-Paxon Co., 90 Ga. App. 717, 84 S.E.2d 122 (1954).

Affidavit of indigence cannot be filed by claimant's agent. Selma, R. & D.R.R. v. Tyson, 48 Ga. 351 (1873); Lester v. Haynes, 80 Ga. 120, 5 S.E. 250 (1887); Hadden v. Larned, 83 Ga. 636, 10 S.E. 278 (1889).

Claim properly dismissed when neither affidavit of indigence nor bond filed.

- When no damage bond was given as provided in former Code 1882, §§ 3726 and 3729 (see now O.C.G.A. § 9-13-91) nor an affidavit in forma pauperis has been filed under former Code 1882, § 3733 (see now O.C.G.A. § 9-13-92), the claim, on motion made by counsel for the plaintiff in fi. fa. before issue joined, should be dismissed. Hand v. Frank W. Hall Merchandise Co., 91 Ga. 130, 16 S.E. 644 (1893).

If neither the damage bond provided by former Code 1933, § 39-802 (see now O.C.G.A. § 9-13-91) nor the pauper's affidavit provided by former Code 1933, § 39-807 (see now O.C.G.A. § 9-13-92) was filed, a motion to dismiss the claim should be sustained. George v. Davison-Paxon Co., 90 Ga. App. 717, 84 S.E.2d 122 (1954).

Claim cannot be interposed in forma pauperis to property levied on under tax execution issued by a municipal corporation. Such claims must be made under the provisions of former Code 1882, §§ 896 and 3732 (see now O.C.G.A. § 48-3-24), and did not fall within former Code 1882, § 3733 (see now O.C.G.A. § 9-13-92). Lingo v. Harris, 73 Ga. 28 (1884).

Cited in Mincey v. Edwards, 24 Ga. App. 478, 101 S.E. 305 (1919); Few v. Pou, 32 Ga. App. 620, 124 S.E. 372 (1924).

RESEARCH REFERENCES

C.J.S.

- 33 C.J.S., Executions, § 336.

ALR.

- Right to sue or appeal in forma pauperis as dependent on showing of financial disability of attorney or other nonparty or nonapplicant, 11 A.L.R.2d 607.

What costs or fees are contemplated by statute authorizing proceeding in forma pauperis, 98 A.L.R.2d 292.

What constitutes "fees" or "costs" within meaning of Federal Statutory Provision (28 USCS § 1915 and similar predecessor statutes) permitting party to proceed in forma pauperis without prepayment of fees and costs or security therefor, 142 A.L.R. Fed 627.

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