2020 Georgia Code
Title 44 - Property
Chapter 11 - Ejectment and Proceedings Against Intruders
Article 2 - Proceedings Against Intruders
§ 44-11-33. Issuance of Writ of Possession; Fi. Fa. for Costs

If the jury, upon the trial provided for in Code Section 44-11-32, finds for the plaintiff, the clerk of the court shall issue a writ of possession and a fi. fa. for the costs of the proceeding.

(Ga. L. 1853-54, p. 52, § 3; Code 1863, § 3982; Code 1868, § 4003; Code 1873, § 4075; Code 1882, § 4075; Civil Code 1895, § 4811; Civil Code 1910, § 5383; Code 1933, § 105-1504.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Ejectment, § 134 et seq.

- 28A C.J.S., Ejectment, § 131 et seq.

• 44-12-1. Partition of personal property.

• 44-12-20. "Chose in action" defined.
• 44-12-21. Rights and remedies to enforce choses in action.
• 44-12-22. Assignment of choses in action arising upon contracts.
• 44-12-23. Assignment of a fund.
• 44-12-24. What rights of action may and may not be assigned.

• 44-12-40. "Bailment" defined.
• 44-12-41. Bailment contract as entire; performance as condition precedent to action upon it.
• 44-12-42. Rights of bailee in bailed property; actions to enforce rights.
• 44-12-43. Care required of bailees.
• 44-12-44. Burden on bailee after loss; proper diligence standard.
• 44-12-45. When act of God or contract exception available as defense.

• 44-12-60. "Hiring" defined.
• 44-12-61. Qualified ownership and rights of hirer.
• 44-12-62. Duties of hirer; liability for acts of bailor's agents.
• 44-12-63. Obligations of bailor.
• 44-12-64. Duty to return property; assumption of risks; time of return.
• 44-12-65. Effect of breach of contract; action for conversion by bailor.
• 44-12-66. Effect of loss or destruction of thing hired; liability of hirer.
• 44-12-67. When hirer may relet; effect of reletting without consent of bailor.
• 44-12-68. Consent required for removal of hired thing from state or hazardous use.
• 44-12-69. Rights of action of hirer and bailor.
• 44-12-70. Liability of thing hired to execution and levy; forthcoming bond.
• 44-12-71. Hire of labor or services - Standard of care.
• 44-12-72. Hire of labor or services - Title to article on which labor bestowed.
• 44-12-73. Hire of labor or services - Right to possession.
• 44-12-74. Hire of labor or services - Loss or destruction of property; right of bailee to compensation.
• 44-12-75. Exercise of discretion by factor; diligence.
• 44-12-76. Keeper of livery stable; diligence.
• 44-12-77. Garage owner; diligence.
• 44-12-78. Keeper of wharf; liability.

• 44-12-90. Definitions.
• 44-12-91. Voluntary or involuntary depositories; liability for naked deposit.
• 44-12-92. Liability of depositories for hire.
• 44-12-93. Liability for gratuitously transporting deposits.
• 44-12-94. Termination of bailment of naked deposit.
• 44-12-95. Effect of use of naked deposit on liability.
• 44-12-96. Reimbursement of expenses incurred by reason of naked deposit; retention of possession.

• 44-12-110. Kinds of loans; nature of loan for consumption.
• 44-12-111. Nature of loan for use.
• 44-12-112. Liability of borrower - Duty of extraordinary care.
• 44-12-113. Liability of borrower - Effect of intended benefit of loan.
• 44-12-114. Right of borrower to possession; action for interference.
• 44-12-115. When borrower may transfer thing loaned; liability of article to levy and sale.
• 44-12-116. Revocability of loans.
• 44-12-117. Liability for necessary and extraordinary charges and expenses.
• 44-12-118. Ownership of increase in loaned property.
• 44-12-119. How loaned property used; acts considered as conversion.
• 44-12-120. When death of parties terminates loans.

• 44-12-130. Definitions.
• 44-12-131. Duration of pawn transactions; lease-back of motor vehicles prohibited; taking possession of motor vehicles; restrictions on interest, fees, or charges; action to recover excessive or undisclosed charges; consequences of excessive charges.
• 44-12-132. Permanent records - Required; content.
• 44-12-133. Permanent records - Manner of recording entry; corrections; inspection.
• 44-12-134. Permanent records - Maintained for four years.
• 44-12-135. Effect of part on local laws.
• 44-12-136. Supervision of pawnbrokers by municipalities.
• 44-12-137. Prohibited acts; penalties; presumption as to pledgor; replacement of lost or damaged goods.
• 44-12-138. Restrictions on advertising; disclosure tickets or statements.

• 44-12-150. Effect of defendant's possession on necessity of proof of conversion.
• 44-12-151. Right of plaintiff to elect form of verdict.
• 44-12-152. Determination of value of property.
• 44-12-153. Tender of property and hire; effect on costs.
• 44-12-154. Setoff and recoupment in action involving purchase money contract; judgment; lien of defendant.
• 44-12-155. Alternative verdict; effect as first lien pending payment of judgment.
• 44-12-156. Effect of judgment for damages in trover; priority.
• 44-12-157. Effect of destruction of or injury to property on defendant's liability.
• 44-12-158. Fees and costs when $100.00 or less is involved.

• 44-12-170. Sale of perishable or other property in absence of replevy; amount of money verdict for plaintiff.
• 44-12-171. Recovery by defendant in trover action when plaintiff had replevied property.

• 44-12-190. Short title.
• 44-12-191. Construction of article.
• 44-12-192. Definitions.
• 44-12-193. When property held, issued, or owing in ordinary course of holder's business presumed abandoned.
• 44-12-194. Conditions under which intangible property subject to custody of state as unclaimed property.
• 44-12-195. When sums payable on traveler's checks or money orders deemed abandoned; conditions under which same may be subjected to custody of state as unclaimed property.
• 44-12-196. When instruments on which banking or financial organization directly liable presumed abandoned; service charges.
• 44-12-197. When certain deposits or other interests in banking or financial organization presumed abandoned.
• 44-12-198. When fund under life or endowment insurance policy or annuity contract presumed abandoned.
• 44-12-199. When funds held or owing by utility presumed abandoned.
• 44-12-200. When unclaimed court ordered refund from business association presumed abandoned.
• 44-12-201. When undistributed dividends and distributions of business associations presumed abandoned; when intangible interest in business associations presumed abandoned.
• 44-12-202. When unclaimed property distributed in course of dissolution or liquidation of a person presumed abandoned.
• 44-12-203. When intangible property held in fiduciary capacity for benefit of another, and income derived therefrom, presumed abandoned.
• 44-12-204. When intangible property held for owner by state or federal entity presumed abandoned.
• 44-12-205. When gift certificate or credit memo presumed abandoned.
• 44-12-206. When unpaid wages presumed abandoned.
• 44-12-207. When employee benefit trust distributions and income thereon presumed abandoned; exceptions.
• 44-12-208. When funds held or owing by insurer or hospital, medical, or dental service corporation presumed abandoned; when sums payable on negotiable instrument for payment of claim under insurance contract presumed abandoned.
• 44-12-209. Rent due on safe-deposit boxes; notice of opening of box and sealing of contents when contents deemed abandoned; delivery to commissioner.
• 44-12-210. Commencement of abandonment for certain property described in Code Section 44-12-197.
• 44-12-211. When bequeathed property presumed abandoned; when person presumed dead without heirs or distributees and property presumed abandoned.
• 44-12-211.1. Excess funds from sale of abandoned motor vehicle; claim for funds; definitions.
• 44-12-212. When property described in Code Section 44-12-193 not subject to this article.
• 44-12-213. Cooperation with other states to audit or otherwise determine unclaimed property subject to claim; rules and procedure.
• 44-12-214. Report and remittance of persons holding property presumed abandoned under this article.
• 44-12-215. Publication of "Georgia Unclaimed Property List"; contents of notice.
• 44-12-216. Assumption of custody by state; legal proceedings instituted by other state; reimbursements for costs to safe-deposit box holders.
• 44-12-217. Sale or destruction of property.
• 44-12-218. Disposition of funds received under article.
• 44-12-219. When commissioner may decline to receive certain property.
• 44-12-220. Claims for property paid or delivered to commissioner; procedure; destruction of records after seven years.
• 44-12-221. Appeal of commissioner's decision.
• 44-12-222. Determination of claim; hearing.
• 44-12-223. Effect of periods of limitation.
• 44-12-224. Agreement and fees for recovery or assistance in recovery of property reported and delivered to commissioner.
• 44-12-225. Confidentiality of information or records required by this article.
• 44-12-226. Expiration of limitation specified by contract, statute, or court order not to affect duties required by this article.
• 44-12-227. Penalties.
• 44-12-228. Maintenance and retention of records.
• 44-12-229. Commissioner may compel filing of report and may examine records; failure to maintain records.
• 44-12-230. Employment of independent consultant.
• 44-12-231. Enforcement of article; properties not paid over on a timely basis.
• 44-12-232. Article does not relieve holder of duty that arose before July 1, 1990.
• 44-12-233. Receipt of securities under this article.
• 44-12-234. Property in foreign country or arising out of foreign transaction.
• 44-12-235. Rules and regulations.
• 44-12-236. Alternative method of disposition with respect to certain dividends or capital credits which are presumed abandoned; definitions; procedures.
• 44-12-236.1. Donation of abandoned dividends or capital credits by rural telephone cooperatives for certain purposes.
• 44-12-237. Unclaimed United States Savings Bond.
• 44-12-238. Claim for United States savings bonds escheated to state.

• 44-12-240. Definitions.
• 44-12-241. Pecans falling on public right of way - Ownership during harvest season; picking pecans from tree limbs without permission; penalty.
• 44-12-242. Pecans falling on public right of way - Removal out of harvest season.
• 44-12-243. Effect of article on maintenance of public rights of way; harvest on limited access highways.

• 44-12-260. Definitions.
• 44-12-261. Inventory of American Indian human remains or burial objects in possession of museum; additional documentation upon request of American Indian tribe; construction of part; extension of time to complete inventory and identification; notification of affected tribes.
• 44-12-262. Return of human remains and burial objects upon request of known lineal descendant or tribe; immunity of museum for returns made in good faith; private collections of artifacts not containing burial objects.
• 44-12-263. Monitoring and review of inventory, identification, and repatriation activities.
• 44-12-264. Penalties for violation of Code Sections 44-12-261 and 44-12-262.

• 44-12-280. Council on American Indian Concerns created; membership; assignment for administrative purposes; terms of office; removal for failure to attend meetings.
• 44-12-281. Compensation and expenses.
• 44-12-282. Chairperson; meetings; quorum.
• 44-12-283. Powers and duties of council.
• 44-12-283.1. Additional powers of council.
• 44-12-283.2. Council authorized to promulgate rules and regulations; notification requirement.
• 44-12-284. Delegation of duties; professional, technical, and clerical personnel.
• 44-12-285. Annual report.

• 44-12-300. Tribes, bands, groups, or communities recognized by state as legitimate American Indian Tribes.

• 44-12-310. Definitions.
• 44-12-311. Rights and title; transfer to molder.

• 44-12-320. Lien created; notice; enforcement; public auction authorized.
• 44-12-321. Notice before sale of property; violation of certain rights prohibited.
• 44-12-322. Effect of part on other laws of this state.

- Obtaining of title to personal property through adverse possession, § 44-5-177.

RESEARCH REFERENCES

ALR.

- Bailee's duty to insure bailed property, 28 A.L.R.3d 513.

Modern status of rules as to ownership of treasure trove as between finder and owner of property on which found, 61 A.L.R.4th 1180.