Georgia Code, Title 9, Chapter 13, Article 6 - Illegality

• § 9-13-120 - Affidavit of Illegality -- When Authorized; Bond and Security
  When an execution against the property of any person issues illegally, or is proceeding illegally, and the execution is levied on such property, the...
• § 9-13-121 - Affidavit of Illegality -- to Show Lack of Service; Not Available to Go Behind Judgment
  If the defendant was not served and did not appear, he may take advantage of the defect by affidavit of illegality. However, if he...
• § 9-13-122 - Affidavit of Illegality -- Not Available for Excessive Levy Generally
  An affidavit of illegality shall not be a remedy for an excessive levy except where authorized by statute.
• § 9-13-123 - Affidavit of Illegality -- by Whom Filed
  An affidavit of illegality may be filed by an attorney in fact or by an executor, administrator, or other trustee.
• § 9-13-124 - Affidavit of Illegality -- When Received
  No affidavit of illegality shall be received by any sheriff or other executing officer until a levy has been made.
• § 9-13-125 - Affidavit of Illegality -- When and How Amendable
  Affidavits of illegality are, upon motion and leave of court, amendable instanter by the insertion of new and independent grounds, provided that the defendant...
• § 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...
• § 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...
• § 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...
• § 9-13-129 - Property Subject to Other Executions; Retention of Sale Proceeds to Satisfy First Execution; Release of Bond Pro Tanto
  When an execution has been levied on property and an affidavit of illegality has been filed to stay proceedings thereon, the property so levied...

Last modified: October 14, 2016