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O.C.G.A. § 9-15-12 — Liability of plaintiff and attorney for costs when execution returned unsatisfied | Georgia Code
O.C.G.A. § 9-15-12 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 9 CIVIL PRACTICE

Section 15. Court and Litigation Costs, 9-15-1 through 9-15-15.

ARTICLE 2 PROCEDURE FOR PERSONS UNDER SENTENCE OF STATE COURT OF RECORD

9-15-12. Liability of plaintiff and attorney for costs when execution returned unsatisfied.

If execution issues on a judgment recovered by the plaintiff against the defendant and the executing officer returns the same marked "No property to be found," a fi. fa. may issue against the plaintiff for the purpose of recovering the costs from him; and, if the plaintiff resides outside the state, the fi. fa. shall issue against his attorney also.

(Laws 1842, Cobb's 1851 Digest, p. 507; Code 1863, § 3611; Code 1868, § 3636; Code 1873, § 3686; Code 1882, § 3686; Civil Code 1895, § 5395; Civil Code 1910, § 5993; Code 1933, § 24-3411.)

JUDICIAL DECISIONS

Attorney for nonresident defendant is liable for costs if the costs cannot be collected from the attorney's client. Officers of Court v. Hines & Hobbs, 33 Ga. 516 (1963).

Liability of administrator.

- When an administrator sued and recovered a judgment upon which the costs could not be collected from defendants and a fi. fa. issued against the administrator for costs, such fi. fa. could not be levied on property in hands that the heir received on settlement. Daniel v. Hollingshead, 16 Ga. 190 (1854).

As to priority between execution for costs and security deed, see Jordan v. Central City Loan & Trust Ass'n, 108 Ga. 495, 34 S.E. 132 (1899).

Inclusion of attorney's fees in fi. fa. is illegal when there has been no judgment or adjudication in favor of the attorney for such fees upon which to base the execution. Royal Fin. Co. v. Knipher, 106 Ga. App. 712, 127 S.E.2d 922 (1962).

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This Georgia Code resource is curated by 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.