§ 9-13-161. Where and When Sales Under Execution Held; Change of Place of Public Sales by Court Order
Unless otherwise provided, sales of property taken under execution shall be made by the sheriffs or coroners only at the courthouse of the county where the levy was made on the first Tuesday in each month, between the hours of 10:00 A.M. and 4:00 P.M., and at public outcry; provided, however, that, should the first […]
§ 9-13-161.1. Holding of Sales of Personal Property at Place Other Than Courthouse; Advertisement of General Order as to Sale Location
In any county of this state having a population of 600,000 or more according to the United States decennial census of 1990 or any future such census, the chief judge of the superior court shall be authorized and empowered to provide, by general order published in the official newspaper of the county and also in […]
§ 9-13-162. Continuance of Sale From Day to Day
Any sheriff, coroner, constable, tax collector, guardian, trustee, or any other officer of this state, when selling property at public sale by virtue of any law of this state, may continue the sale from day to day until the sale is completed, provided that the trustee or other officer has given notice of the intended […]
§ 9-13-163. Sale of Perishable Property — When and by Whom Ordered; Where Held
Whenever any personal property which is of a perishable nature or liable to deteriorate from keeping or the keeping of which is attended by expense is levied on by virtue of any fi. fa., attachment, or other process, and the defendant fails to recover possession of the same and it remains in the hands of […]
§ 9-13-164. Sale of Perishable Property — Advertisement; Notice; Disposition of Proceeds
The time and place of holding a sale under Code Section 9-13-163 shall be advertised at the courthouse and at two other public places at least ten days before the day of sale. The judge or judge of the probate court may order a sale of livestock, fruit, or other personal property in a perishable […]
§ 9-13-126. Amount and Condition of Forthcoming Bond
When an execution is levied on personal property and an affidavit of illegality is filed thereto and the party filing the illegality desires to take or keep possession of the property, he shall deliver to the sheriff or other levying officer a bond payable to the levying officer, with good security in a sum equal […]
§ 9-13-165. Sale of Perishable Property — Under Tax Executions
Whenever a tax fi. fa. is levied on property which is of a perishable nature or is liable to deteriorate in value from keeping or which is attended with expense in keeping, the same may be sold under Code Sections 9-13-163 and 9-13-164. History. Ga. L. 1873, p. 48, § 1; Code 1882, § 3648a; […]
§ 9-13-127. Suspension of Execution; Return of Execution, Affidavit, and Bond; Determination by Court; Issue Tried by Jury
When levy has been made and affidavit and bond delivered to the levying officer, it shall be the duty of the officer to suspend further proceedings on the execution and to return the execution, affidavit, and bond to the next term of the court from which the execution issued. It shall be the duty of […]
§ 9-13-166. Form of Tender
Purchasers at judicial sales need not tender cash but, as an alternative, may tender a cashier’s or certified check which is drawn for the amount of the purchase price and which is issued by or certified by any financial institution insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. […]
§ 9-13-128. Damages for Delay; Procedure Following Dismissal or Withdrawal of Illegality
Upon the trial of an issue formed on an affidavit of illegality, the jury trying the case shall have power to assess such damages as may seem reasonable and just, not exceeding 25 percent of the principal debt, where it is made to appear that the illegality was interposed for delay only. Whenever an illegality […]