§ 18-2-43. Execution, Filing, and Recording Deeds of Assignment
In all cases the deed of assignment for the benefit of creditors shall be executed, filed, and recorded as provided for deeds in Code Section 44-2-1. History. Ga. L. 1894, p. 90, § 3; Civil Code 1895, § 2700; Civil Code 1910, § 3233; Code 1933, § 28-304.
§ 18-2-44. Property to Be Conveyed Generally; Description of Property; Attachment of List of Creditors of Assignor
All assignments referred to in Code Section 18-2-42 shall convey all of the property of every sort which is claimed or owned by the assignor at the time of the execution thereof. Such assignments shall: Identify any lands owned or any interest in lands; Identify goods, wares, and merchandise by general words of description, indicating […]
§ 18-2-45. Conveyances; Statements as to Aggregate Amounts
Assignments referred to in Code Section 18-2-42 shall convey all books, books of account, choses in action, notes, drafts, bills, judgments, liens, and mortgages held or owned, indicating, as near as may be, the aggregate amount thereof, with a statement as to the total amounts which are considered good, doubtful, or bad. History. Ga. L. […]
§ 18-2-46. Annexation of Affidavit to Deed of Assignment; Contents of Affidavit
At the time of signing the deed of assignment provided for in Code Section 18-2-43, the person or firm making an assignment or the officer acting for the corporation making an assignment shall make an affidavit which shall be annexed to such assignment, and which affidavit shall state that: The assignment conveys all property held, […]
§ 18-2-47. List of All Property of Assignor at Time of Assignment; Affidavits of Assignor and Assignee as to Accuracy of List
Within 15 days after the recording of the assignment provided for in Code Section 18-2-43, the assignor shall, in connection with the assignee, prepare a full and complete list of all property of every kind, character, and description held, claimed, owned, or possessed by the assignor at the date of making such assignment, to which […]
§ 18-2-48. List to Remain on File Ten Days
The list referred to in Code Section 18-2-47 shall remain on file for ten days in the clerk of the court’s office in the county in which the assignment was filed, subject to examination by any interested person. History. Ga. L. 1894, p. 90, § 8; Civil Code 1895, § 2705; Civil Code 1910, § […]
§ 18-2-1. Creation of Relationship of Debtor and Creditor
Whenever one person, by contract or by law, is liable and bound to pay to another an amount of money, certain or uncertain, the relation of debtor and creditor exists between them. History. Orig. Code 1863, § 1946; Code 1868, § 1934; Code 1873, § 1944; Code 1882, § 1944; Civil Code 1895, § 2686; […]
§ 18-2-49. Correcting of Mistake in List of Assets or Creditors
Where an unintentional mistake or omission has been made in the description of the property, in the list of assets, in the method of preparing the list of assets, or in the list of creditors, the same may be amended upon proof thereof to the court. History. Ga. L. 1894, p. 90, § 18; Civil […]
§ 18-2-2. Compulsory Election of Remedy Least Likely to Jeopardize Rights of Other Creditors
As among themselves, creditors shall so prosecute their own rights as not to jeopardize unnecessarily the rights of others; hence, a creditor having a lien on two funds of the debtor, equally accessible to him, will be compelled to pursue the one on which other creditors have no lien. History. Orig. Code 1863, § 1951; […]
§ 18-2-3. Reaching of Equitable Assets by Creditors
Courts of equity jurisdiction shall assist creditors in reaching equitable assets in every case where to refuse interference would jeopardize the collection of their debts. History. Orig. Code 1863, § 1948; Code 1868, § 1936; Code 1873, § 1946; Code 1882, § 1946; Civil Code 1895, § 2688; Civil Code 1910, § 3217; Code 1933, […]