Attachments may issue when the debtor: Resides out of the state; Moves or is about to move his domicile outside the limits of the county; Absconds; Conceals himself; Resists legal arrest; or Is causing his property to be removed beyond the limits of the state. History. Laws 1799, Cobb’s 1851 Digest, p. 69; Ga. L. […]
No writ of attachment shall issue unless accompanied by a bond with good security, conditioned to pay the defendant all costs and damages that he may sustain in consequence of the issuance of the writ of attachment in the event that the amount claimed to be due was not due, that no lawful ground for […]
When a person who has been a defendant in attachment desires to bring an action against the plaintiff for damages, and the plaintiff in attachment does not reside in this state, it shall be sufficient to serve the complaint and summons on the security to the bond given by the plaintiff, and the action may […]
When the debt, for the recovery of which the attachment is sought, is due to a partnership or is due to several persons jointly, any one of the partners or joint creditors, his agent, or his attorney at law may make the affidavit and give the bond as prescribed and sign the names of the […]
No person shall be taken as security or surety on any attachment bond who is an attorney for the plaintiff or a nonresident, except such nonresident who is possessed of real estate in the county where the attachment issues which is the value of the amount of such bond. History. Ga. L. 1873, p. 29, […]
When any attachment shall be issued and levied upon the property of the defendant, the defendant, his agent, or his attorney may file an affidavit stating that he has a good defense to the action, that the bond given in the action is not a good bond, and stating the ground of its insufficiency. When […]
The defendant shall be given notice of the attachment issued against his property by any one or more of the following methods: The plaintiff, at the time the attachment is filed with the clerk, shall commence procedures to effectuate the service of a copy of the writ of attachment on the defendant; and service thereafter […]
When a writ of attachment is issued against the property of the defendant, the defendant may at any time traverse the plaintiff’s affidavit upon which the attachment was obtained, stating that the affidavit is untrue or legally insufficient. Upon filing of the traverse, the court shall issue a show cause order to the plaintiff requiring […]
Attachments may issue and be levied on Sunday when the plaintiff, his agent, or his attorney at law shall state, in his sworn application for a writ of attachment, that he has reason to believe the debt will not be satisfied unless process of attachment shall issue on Sunday and shall also comply with the […]
Attachments shall be returnable to the court of record in which filed pursuant to subsection (a) of Code Section 18-3-9 and shall be governed by the rules of procedure and practice governing ordinary civil actions, as respects appearance day, trial term, and judgment pursuant to default, and by any and all other rules relating to […]
All pleadings, defenses, and procedures subsequent to the filing of the declaration in attachment shall be governed by Chapter 10 of Title 9. History. Laws 1838, Cobb’s 1851 Digest, p. 86; Ga. L. 1855-56, p. 25, § 20; Code 1863, § 3221; Code 1868, § 3232; Code 1873, § 3308; Code 1882, § 3308; Civil […]
In all cases of attachment, the form of the affidavit, bond, attachment, and order authorizing the issuance thereof may be as follows: Affidavit for attachment. AFFIDAVIT STATE OF GEORGIA COUNTY OF Personally appeared who on oath says that he is attorney at law for and that is indebted to said plaintiff in the sum of […]
In all cases of money demands, whether arising ex contractu or ex delicto, the plaintiff shall have the right to seek attachment when the defendant places himself in such situation as will authorize a plaintiff to seek attachment. History. Ga. L. 1857, p. 23, § 1; Code 1863, § 3199; Code 1868, § 3210; Code […]
A substantial compliance in all matters of form shall be held sufficient in all applications for attachment and in all attachments issued as provided by this chapter. History. Ga. L. 1855-56, p. 25, § 43; Code 1863, § 3204; Code 1868, § 3215; Code 1873, § 3282; Code 1882, § 3282; Civil Code 1895, § […]
When the debt is not due, the debtor shall be subject to attachment in the same manner and to the same extent as in cases where the debt is due, except that, where the debt does not become due before final judgment, execution upon the judgment shall be stayed until the debt is due. History. […]
In all cases where the plaintiff has commenced an action for the recovery of a debt and the defendant, during the pendency of such action, shall become subject to attachment, the plaintiff may have an attachment against the defendant; and all the proceedings in relation to the same shall be as prescribed in relation to […]
Process of attachment may issue against an administrator of an estate or the executor of the last will and testament of any deceased person, as in other cases, when the administrator or executor actually removes or is about to remove the property of the deceased person outside the limits of any county, provided that final […]
In cases of joint contractors and partners, where any one of them shall render himself liable to attachment according to law, an attachment may issue against him, upon the plaintiff, his agent, or his attorney at law complying with this article. The proceeding against such joint contractor or partner shall be in all respects as […]
Attachments may issue against nonresident corporations transacting business within the state under the same rules and regulations as are prescribed in relation to issuing attachments and garnishments in other cases. History. Ga. L. 1855-56, p. 25, § 33; Code 1863, § 3202; Code 1868, § 3213; Code 1873, § 3281; Code 1882, § 3281; Civil […]
In all cases where a person is surety or endorser upon an instrument of writing and the principal shall become subject to attachment according to Code Section 18-3-1, such surety or endorser may, upon complying with this chapter, have attachment against his principal. The proceedings shall be in all respects the same as in other […]
