§ 18-3-34. Replevy of Property of Foreign Corporation Upon Payment of Bond; Return of Bond by Levying Officer; Right of Plaintiff to Entry of Judgment on Bond
When an attachment is levied on the property of a foreign corporation, any agent of the corporation may recover the property levied upon by giving a bond, with good security, conditioned to pay the amount of judgment and costs that the plaintiff in attachment may recover in the case. The officer taking the bond shall […]
§ 18-3-50. Procedure Generally
When property is levied on by virtue of an attachment and the same is claimed by any person not a party to the attachment, it shall be the duty of the person claiming the same, his agent, or his attorney at law to make an oath before some person authorized by law to administer an […]
§ 18-3-51. Delivery of Property to Claimant Upon Payment of Bond; Return of Affidavit and Bond by Levying Officer
The claimant, his agent, or his attorney at law may give bond, with good security, payable to the levying officer, in a sum equal to double the value of the property claimed, the value to be judged by the levying officer, conditioned to deliver the property at the time and place of sale, provided the […]
§ 18-3-52. Trial of Claim
The third-party claim shall be tried in the same manner and subject to the same rules and regulations as are prescribed by law for the trial of other claims in the court to which it is returned. History. Ga. L. 1855-56, p. 25, § 35; Code 1863, § 3236; Code 1868, § 3247; Code 1873, […]
§ 18-3-53. Proceedings Upon Failure of Claimant to Deliver Property Pursuant to Conditions of Bond
Upon the failure of the claimant to deliver the property according to the conditions of the bond, the levying officer may immediately sue the claimant and security upon the bond and recover the full value of the property claimed and also all damages, costs, and charges that the plaintiff may have sustained in consequence of […]
§ 18-3-14. Service of Writ of Attachment on Defendant; Notification of Defendant of Issuance of Attachment
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 […]
§ 18-3-54. Liability of Claimant and Surety on Bond for Hire or Use of Property Where Plaintiff’s Debt Unsatisfied
In cases where the claimant shall deliver the property and upon selling the same a sufficient amount shall not be raised to pay the debt and costs of the plaintiff, the plaintiff may institute an action against the claimant and his securities upon his bond and recover the full value of the hire or use […]
§ 18-3-15. Right of Defendant to Postseizure Hearing
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 […]
§ 18-3-55. Interposition of Claim Before or After Judgment
In cases of attachment, the claim may be interposed either before or after judgment. History. Orig. Code 1863, § 3240; Code 1868, § 3251; Code 1873, § 3327; Code 1882, § 3327; Civil Code 1895, § 4574; Civil Code 1910, § 5120; Code 1933, § 8-806.
§ 18-3-16. Issuance and Levy of Attachment on Sunday
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 […]