§ 18-3-18. Applicability of Chapter 10 of Title 9 Subsequent to Filing of Declaration in Attachment
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 […]
§ 18-3-19. Forms for Attachment
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 […]
§ 18-3-20. Substantial Compliance in Matters of Form Sufficient
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, § […]
§ 18-3-30. Duty of Officer to Whom Attachment Directed Generally and Regarding Property Removed From County
It shall be the duty of any one of the officers to whom an attachment is directed to levy the attachment upon real or personal property of the defendant which is necessary to satisfy the claim of the plaintiff and which may be found in the county of which he is an officer. It shall […]
§ 18-3-7. Attachment Against Nonresident Corporations
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 […]
§ 18-3-8. Right of Surety or Endorser Upon an Instrument of Writing to Attach Property of Principal
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 […]
§ 18-3-9. Application for Issuance of Writ of Attachment Prior to Judgment; Contents of Application; Procedure
When the plaintiff contends one or more of the grounds set forth in Code Section 18-3-1 exist, prior to obtaining judgment against the defendant, the plaintiff may make application to a judge of any court of record, other than the probate court, in the county of the residence of the defendant, if known, and, if […]
§ 18-3-10. Bond Requirements Generally
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 […]
§ 18-3-10.1. Service of Process in Action Against Nonresident Plaintiff for Damages
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 […]
§ 18-3-11. Affidavit for Attachment and Execution of Bond When Debt Due to Partnership or Several Persons Jointly
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 […]