There is a newer version of the Georgia Code
2014 Georgia Code
Title 9 - CIVIL PRACTICE
Chapter 13 - EXECUTIONS AND JUDICIAL SALES
Article 6 - ILLEGALITY
§ 9-13-121 - Affidavit of illegality -- To show lack of service; not available to go behind judgment
GA Code § 9-13-121 (2014) What's This?
If the defendant was not served and did not appear, he may take advantage of the defect by affidavit of illegality. However, if he has had his day in court, he may not go behind the judgment by an affidavit of illegality.
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