Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 9-13-94 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-13-94 Case Law from Google Scholar Amendments to OCGA 9-13-94

TITLE 9 CIVIL PRACTICE

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

ARTICLE 5 CLAIMS

9-13-94. Forthcoming bond for possession of property; amount and condition; not authorized for realty; when and where recoverable.

  1. In all cases where a levy is made upon property that is claimed by a third person and the person desires the possession thereof, it shall be the duty of the sheriff or other levying officer to take bond, made payable to the sheriff with good security for a sum equal to double the value of the property levied on to be estimated by the levying officer, for the delivery of the property at the time and place of sale, provided the property so levied upon shall be found subject to the execution. However, it shall not be lawful to require or take a forthcoming bond for real estate.
  2. When bond and security have been given as provided in this Code section, it shall be the duty of the sheriff or other levying officer to leave the property in the possession of the claimant. In the event that the claimant or his security fails to deliver the property after it has been found to be subject to execution, the bond shall be made recoverable in any court having cognizance of the same.

(Laws 1811, Cobb's 1851 Digest, p. 532; Laws 1841, Cobb's 1851 Digest, p. 536; Code 1863, §§ 3653, 3654, 3655; Code 1868, §§ 3678, 3679, 3680; Ga. L. 1872, p. 40, § 1; Code 1873, §§ 3728, 3729, 3730; Code 1882, §§ 3728, 3729, 3730; Civil Code 1895, §§ 4614, 4615, 4616; Civil Code 1910, §§ 5160, 5161, 5162; Code 1933, §§ 39-804, 39-805.)

JUDICIAL DECISIONS

Purpose of forthcoming bond under this section is to indemnify levying officer. Aycock v. Austin, 87 Ga. 566, 13 S.E. 582 (1891); Turner v. Camp, 110 Ga. 631, 36 S.E. 76 (1900).

Forthcoming bond is privilege to claimant, and not a requisite with which the claimant must comply. Bonner v. Little, 29 Ga. 538 (1859).

Agent may give forthcoming bond. When that bond is given the claimant may retain possession. Phillips v. State ex rel. Saunders, 15 Ga. 518 (1854).

Forthcoming bond containing different conditions from those prescribed by this section is invalid. King v. Castlen, 91 Ga. 488, 18 S.E. 313 (1893).

Bond improperly made payable to plaintiff in fi. fa. is defective as a forthcoming bond yet may be good as a common-law obligation. Wall v. Mount, 121 Ga. 831, 49 S.E. 778 (1905).

No attestation or approval of the bond for damages, or forthcoming bond, is necessary other than acceptance of a properly executed bond by the levying officer. GMAC v. Allen, 59 Ga. App. 614, 1 S.E.2d 705 (1939).

It is no ground for dismissal of claim that forthcoming bonds were not approved or attested by levying officer, or by anyone else. GMAC v. Allen, 59 Ga. App. 614, 1 S.E.2d 705 (1939).

Before breach of bond, sheriff cannot seize property and charge the plaintiff in execution with the expense of keeping it. Houser v. Williams, 84 Ga. 601, 11 S.E. 129 (1890).

It is unnecessary to prove personal demand for property when advertisement was a sufficient notice to the party. Thompson v. Mapp, 6 Ga. 260 (1849).

No advertisement need be shown when claimant refused to deliver property on demand. Stinson v. Hall, 54 Ga. 676 (1875).

Suit on forthcoming bond brought in plaintiff's name under this section when the value of the property levied on under the plaintiff's fi. fa. does not exceed the amount of the judgment, the plaintiff in execution has such an interest in a forthcoming bond as authorizes the suit upon the bond to be brought in the plaintiff's name. Hart v. Thomas & Co., 75 Ga. 529 (1885); Bowman v. Kidd, 13 Ga. App. 351, 79 S.E. 167 (1913).

Petition in action on forthcoming bond is not defective in failing to allege that property in controversy is that of plaintiff in execution, or to attach a copy of execution thereto. O'Neill Mfg. Co. v. Harris, 120 Ga. 467, 47 S.E. 934 (1904).

Invalid defenses to valid bonds.

- Plea of tender after day of sale is no defense to a valid bond. Mapp v. Thompson, 9 Ga. 42 (1850).

Oral promise of sheriff not to require property to be brought to court is no defense to a valid bond. King v. Castlen, 91 Ga. 488, 18 S.E. 313 (1893).

Fact that property was given to same officer on bond given in another case is no defense to a valid bond. Reese v. Worsham & Co., 110 Ga. 449, 35 S.E. 680 (1900).

Jury instructions.

- Jury may be charged that the fact that the forthcoming bond was executed may be a circumstance to determine the value of the property. Hobbs v. Tindol, 32 Ga. App. 609, 124 S.E. 112 (1924).

Cited in Wade v. Wortsman, 29 F. 754 (S.D. Ga. 1887); Hill v. George, 47 Ga. App. 272, 170 S.E. 326 (1933); General Guar. Ins. Co. v. Land-Wilson Motors, 112 Ga. App. 337, 145 S.E.2d 119 (1965); A.A. Parker Produce, Inc. v. Mercer, 221 Ga. 449, 145 S.E.2d 237 (1965); Seagraves v. Kelley, 121 Ga. App. 412, 173 S.E.2d 885 (1970).

RESEARCH REFERENCES

Am. Jur. 2d.

- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 209 et seq.

C.J.S.

- 33 C.J.S., Executions, § 336.

ALR.

- Right of obligor in action on forthcoming bond or receipt for return of property seized under process to set up title in himself, 37 A.L.R. 1402.

No results found for Georgia Code 9-13-94.