Georgia Code, Title 18, Chapter 3, Article 1 - General Provisions
- § 18-3-1 - Grounds for Attachment
Attachments may issue when the debtor: (1) Resides out of the state; (2) Moves or is about to move his domicile outside the limits...
- § 18-3-2 - Right to Seek Attachment on Money Demands Generally
In all cases of money demands, whether arising ex contractu or ex delicto, the plaintiff shall have the right to seek attachment when the...
- § 18-3-3 - Issuance of Attachment Prior to Debt Becoming Due; Stay of Execution on Judgment Where Debt Not Due Before Final Judgment
When the debt is not due, the debtor shall be subject to attachment in the same manner and to the same extent as in...
- § 18-3-4 - Issuance of Attachment After Action Has Been Commenced; Effect of Judgment on Action Still Pending
In all cases where the plaintiff has commenced an action for the recovery of a debt and the defendant, during the pendency of such...
- § 18-3-5 - Issuance Against Administrator or Executor Removing or About to Remove Property of Deceased Person; Entry of Final Judgment Against Administrator or Executor
Process of attachment may issue against an administrator of an estate or the executor of the last will and testament of any deceased person,...
- § 18-3-6 - Issuance Against Joint Contractors or Partners
In cases of joint contractors and partners, where any one of them shall render himself liable to attachment according to law, an attachment may...
- § 18-3-7 - Issuance 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...
- § 18-3-8 - Right of Surety or Endorser Upon an Instrument of Writing to Attach Property of Principal
(a) In all cases where a person is surety or endorser upon an instrument of writing and the principal shall become subject to attachment...
- § 18-3-9 - Requirement of Application for Order Authorizing Issuance of Writ of Attachment Prior to Entry of Judgment; Contents of Application for Writ; Procedure for Granting or Denial of Issuance of Writ
(a) 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...
- § 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...
- § 18-3-10.1 - Service of Process in Action by Defendant 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...
- § 18-3-11 - Persons Who May Make Affidavit and Execute Bond Where 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,...
- § 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...
- § 18-3-13 - Procedure for Contesting Sufficiency of Bond; Review of Sufficiency of Bond; Requirement of Additional Security or New Bond; Failure to Give Additional Security or New Bond
When any attachment shall be issued and levied upon the property of the defendant, the defendant, his agent, or his attorney may file an...
- § 18-3-14 - Service of Copy of Writ of Attachment on Defendant; Notification of Defendant of Issuance of Attachment
(a) The defendant shall be given notice of the attachment issued against his property by any one or more of the following methods: (1)...
- § 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...
- § 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...
- § 18-3-17 - Courts to Which Attachments Returnable; Applicability of General Rules of Civil Practice and Procedure; Filing of Declaration in Attachment; Notice of Declaration
(a) Attachments shall be returnable to the court of record in which filed pursuant to subsection (a) of Code Section 18-3-9 and shall be...
- § 18-3-18 - Provisions Governing Pleadings, Defenses, and Procedures 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.
- § 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: (1) Affidavit...
- § 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...
Last modified: October 14, 2016