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2018 Georgia Code 9-13-98 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-13-98 Case Law from Google Scholar Amendments to OCGA 9-13-98

TITLE 9 CIVIL PRACTICE

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

ARTICLE 5 CLAIMS

9-13-98. When and where claim, levy, and execution to be returned.

When an execution issued from a court is levied upon personal property and claimed by a person not a party to the execution, it shall be the duty of the levying officer to return the same, together with the execution, to the next term of the court from which the execution issued. Where an execution is levied upon real property and the same is claimed in the manner aforesaid, it shall be the duty of the officer making the levy to return the same, together with the execution and claim, to the next term of the superior court of the county in which the land so levied upon lies.

(Laws 1821, Cobb's 1851 Digest, p. 532; Code 1863, § 3658; Code 1868, § 3683; Code 1873, § 3736; Code 1882, § 3736; Civil Code 1895, § 4621; Civil Code 1910, § 5167; Code 1933, § 39-901.)

JUDICIAL DECISIONS

When claim is interposed to personalty, the claim must be returned to the court which issued the claim. Bosworth v. Clark, 62 Ga. 286 (1879).

When land is divided by county line, the proper court is where the defendant resides. Fambrough v. Amis ex rel. Fambrough, 58 Ga. 519 (1877).

Plaintiff in fieri facias cannot sue on forthcoming bond when claim is not returned to superior court. Brannan v. Cheek, 103 Ga. 353, 29 S.E. 937 (1898).

Either party may compel sheriff to return claim. Cottle v. Dodson, 25 Ga. 633 (1858); Brannon v. Barnes, 111 Ga. 850, 36 S.E. 689 (1900).

Equity will require sheriff to return claim to superior court if the sheriff refused to do so. Cook v. Dixon, 154 Ga. 373, 114 S.E. 429 (1922).

When the sheriff failed to return claim for over a year, the claimant may presume levying abandoned. Glisson v. Moore, 12 Ga. App. 291, 77 S.E. 108 (1913).

Cited in Gray v. Riley, 47 Ga. App. 348, 170 S.E. 537 (1933); Burt v. Crawford, 180 Ga. 331, 179 S.E. 82 (1935); Drillers Serv., Inc. v. Moody, 242 Ga. 123, 249 S.E.2d 607 (1978).

RESEARCH REFERENCES

Am. Jur. 2d.

- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 217 et seq.

C.J.S.

- 33 C.J.S., Executions, § 510 et seq.

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