2020 Georgia Code
Title 9 - Civil Practice
Chapter 12 - Verdict and Judgment
Article 1 - General Provisions
§ 9-12-21. Judgments Transferable; Status of Transferee
A person in whose favor a judgment has been entered or a person to whom a judgment has been transferred may bona fide and for a valuable consideration transfer any judgment to a third person. In all such cases the transferee of any judgment shall have the same rights and shall be subject to the same equities and to the same defenses as was the original holder of the judgment.
(Laws 1829, Cobb's 1851 Digest, p. 499; Code 1863, § 3516; Code 1868, § 3539; Code 1873, § 3597; Code 1882, § 3597; Civil Code 1895, § 5374; Civil Code 1910, § 5969; Code 1933, § 110-901.)
Law reviews.- For note discussing whether the bankruptcy estate includes proceeds of a judgment for personal injury obtained by the bankrupt, see 32 Mercer L. Rev. 983 (1981).
JUDICIAL DECISIONS
Meaning of section.
- Former Civil Code 1910, § 5969 (see now O.C.G.A. § 9-13-34) (right to transfer execution) and former Code 1933, § 110-901 (see now O.C.G.A. § 9-12-21) declare in express terms the same principles involved in former Civil Code 1910, §§ 4342 and 5670 (see now O.C.G.A. § 9-13-75) (setoff of judgments). Odom v. Attaway, 173 Ga. 883, 162 S.E. 279 (1931).
Multiple transfers or assignments of judgments allowed.
- Under the terms of former Civil Code 1910, § 5969 (see now O.C.G.A. § 9-13-34) (right to transfer execution) former Civil Code 1910, § 5969 (see now O.C.G.A. § 9-12-21), a judgment may be transferred or assigned any number of times, provided there was good faith, and in all cases when done in good faith the transferee shall have the same rights, and be liable to the same equities, and subject to the same defenses as the original plaintiff in judgment was. Odom v. Attaway, 173 Ga. 883, 162 S.E. 279 (1931).
Judgment debt transferable.- Transfer of debt owed by debtor from judgment creditor to judgment creditor's son was effective because judgments, even if based on fraud or personal torts, were transferable. McAfee v. Harman (In re Harman), Bankr. (Bankr. N.D. Ga. Sept. 30, 2019).
This section does not render judgments negotiable in the strict sense so as to place the judgments on the high commercial plane occupied by negotiable paper. Western Nat'l Bank v. Maverick Nat'l Bank, 90 Ga. 339, 16 S.E. 942, 35 Am. St. R. 210 (1892); Register v. Southern States Phosphate & Fertilizer Co., 157 Ga. 561, 122 S.E. 323 (1924).
Judgments still subject to prior equities.
- Though judgments and executions are called negotiable, it certainly cannot be in any sense which raises them to any dignity higher than that which they enjoyed before. They are still subject to all prior equities. Cohen v. Prater, 56 Ga. 204 (1876).
Formalities of transfer or assignment.
- To pass legal title by the plaintiff in execution, there must be an endorsement or assignment thereof in writing. Delivery is not essential if the intention of the plaintiff in writ of fieri facias was to pass title to the transferee. Colter v. Livingston, 154 Ga. 401, 114 S.E. 430 (1922); Arnold v. Citizens' & S. Nat'l Bank, 47 Ga. App. 254, 170 S.E. 316 (1933).
Formal deed of assignment is not necessary, but evidence in writing, which shows that the plaintiff has conveyed the interest in the judgment or execution to the person claiming to be the assignee, will be sufficient. Dugas v. Mathews, 9 Ga. 510, 54 Am. Dec. 361 (1851).
Transfer in writing need not be under seal. Loganville Banking Co. v. Broadnax, 151 Ga. 88, 106 S.E. 4 (1921).
Protected equities are between the parties.
- Equities protected by this section, irrespective of notice, are equities between the parties to the judgment, and not those in favor of strangers to the judgment, as to whose names and interest the record is silent. Western Nat'l Bank v. Maverick Nat'l Bank, 90 Ga. 339, 16 S.E. 942, 35 Am. St. R. 210 (1892); Parker v. Planters Bank, 142 Ga. 160, 82 S.E. 556 (1914).
Assignee of a judgment could transfer the judgment to another. Price v. Bradford, 5 Ga. 364 (1848); Register v. Southern States Phosphate & Fertilizer Co., 157 Ga. 561, 122 S.E. 323 (1924).
Assignee of foreign judgment held not joint defendant.
- Georgia rules as to the consequences which result from payment by one defendant of a joint judgment and of one's receipt back of an assignment from the judgment-creditor have no application when, as to the defendant, the plaintiff did not pay a joint judgment, the only payment made by the plaintiff was in settlement of a second suit in Alabama, in which action the defendant was not a party, and the plaintiff is not a joint defendant as to the underlying judgment in the first suit in Alabama, which individual judgment against the defendant it is that plaintiff seeks to domesticate as the assignee thereof. Lacy v. Ceravolo, 180 Ga. App. 307, 348 S.E.2d 726 (1986).
Transfer of writ of fieri facias.
- Without express authority, a sheriff cannot transfer a writ of fieri facias in the sheriff's hands for collection. Hardwick & Co. v. Cash, 140 Ga. 608, 79 S.E. 532 (1913).
Assignee of judgment could not bring non-assignable fraudulent transfer action.
- In a suit by an assignee of a judgment seeking to set aside a fraudulent transfer by the judgment debtor to a corporation, the assignee's fraudulent transfer claim did not survive the assignment of the California judgment based on Georgia's assignment statute, O.C.G.A. § 44-12-24, and was not revived by O.C.G.A. § 9-11-25(c). EMM Credit, LLC v. Remington, 343 Ga. App. 710, 808 S.E.2d 96 (2017).
When judgment amendable between parties.
- When the rights of an executrix of her husband's estate, as bona fide transferee of a judgment, are derivative of one of the original party defendants, the judgment is subject to amendment as between the parties. Franklin v. Sea Island Bank, 120 Ga. App. 654, 171 S.E.2d 866 (1969).
Assignment and enforcement of partial judgments.
- Assignment of a partial judgment under O.C.G.A. § 9-12-21 was analogous to the assignment of a portion of a debt and, under Georgia law, when an assignment conveyed only a portion of a debt, it was not enforceable unless the debtor consented thereto because a creditor should not be allowed to split a single claim into many claims thereby subjecting the debtor to a multiplicity of suits; just as a creditor should not be allowed to split a single claim into many claims, neither should a judgment holder be allowed to split a judgment and subject a defendant to a multiplicity of suits, without the consent of the defendant. Rathbone v. Ward, 268 Ga. App. 822, 603 S.E.2d 20 (2004).
Cited in Hill v. McCullock, 20 Ga. 637 (1856); Hardwick & Co. v. Cash, 140 Ga. 608, 79 S.E. 532 (1913); Commercial Credit Co. v. Jones Motor Co., 46 Ga. App. 464, 167 S.E. 768 (1933); Wages v. State Farm Mut. Auto. Ins. Co., 132 Ga. App. 79, 208 S.E.2d 1 (1974).
OPINIONS OF THE ATTORNEY GENERAL
Transfer improper.
- Transfer by a parent of a child support judgment without resulting benefit to the child would be inconsistent with the parent's duties as natural guardian of the child and the child's property. 1972 Op. Att'y Gen. No. 72-147.
RESEARCH REFERENCES
Am. Jur. 2d.
- 46 Am. Jur. 2d, Judgments, §§ 170, 431 et seq.
C.J.S.- 49 C.J.S., Judgments, § 832 et seq.
ALR.
- Entering judgment as collateral security, 3 A.L.R. 851.
Agreement for contingent fee as assignment of interest in judgment, 19 A.L.R. 399.
Necessity and sufficiency of notice of assignment of judgment to affect stranger dealing with real property on which the judgment is a lien, 30 A.L.R. 820.
Payment of judgment by debtor without notice of its assignment, 32 A.L.R. 1021.
Assignment of judgment, or an interest therein, to attorney for his services in procuring it, as subject to setoff of judgment against the assignor, 51 A.L.R. 1278.
Assignment of judgment as carrying collateral rights of assignor as to incidental bonds, 63 A.L.R. 290.
Judgment in tort action as subject of assignment, attachment, or garnishment pending appeal, 121 A.L.R. 420.
Enforceability of warrant of attorney to confess judgment against assignee, guarantor, or other party obligating himself for performance of primary contract, 5 A.L.R.3d 426.
