§ 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 […]
§ 18-2-80. Venue
In this Code section, the following rules determine a debtor’s location: A debtor who is an individual is located at the individual’s principal residence; A debtor that is an organization and has only one place of business is located at its place of business; and A debtor that is an organization and has more than […]
§ 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 […]
§ 18-2-81. Series Organization and Determinations
As used in this Code section, the term: “Protected series” means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in paragraph (2) of this subsection. “Series organization” means an organization that, pursuant to the law under which […]
§ 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 […]
§ 18-2-82. Applicability of Principles of Law and Equity
Unless displaced by the provisions of this article, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions. History. Code 1981, § 18-2-80 , enacted by Ga. L. 2002, p. […]
§ 18-3-12. Persons Who May Be Taken as Security or Surety on a Bond
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, […]
§ 18-2-57. Proof Required in Rendering an Assignment Void
When the assignment is attacked as fraudulent or void for any reason, it shall not be necessary to show fraud or collusion or notice thereof in the assignee in order to render the assignment void. History. Ga. L. 1894, p. 90, § 15; Civil Code 1895, § 2712; Civil Code 1910, § 3245; Code 1933, […]
§ 18-2-58. Judgment Not Required Before Action Against Assignor or Assignee
No creditor shall be required to reduce his debt to judgment before asking equitable relief in any action against the assignor or assignee, or both. History. Ga. L. 1894, p. 90, § 16; Civil Code 1895, § 2713; Civil Code 1910, § 3246; Code 1933, § 28-317.