2021 Georgia Code
Title 9 - Civil Practice
Chapter 13 - Executions and Judicial Sales
Article 1 - General Provisions
§ 9-13-11. (See Editor's notes.) Direction, Levy, Service, and Return of Execution When Sheriff a Party

All executions, orders, decrees, attachments for contempt, and final process issued by the clerks of the courts in favor of or against any sheriff shall be directed to the coroner of the county in which the sheriff resides and to all and singular the sheriffs of the state, except the sheriff of the county in which the interested sheriff resides, and may be levied, served, and returned by the coroner, other sheriff, or constable of the county at the option of the plaintiff or the party seeking the remedy.

(Laws 1847, Cobb's 1851 Digest, p. 517; Code 1863, § 3554; Code 1868, § 3577; Code 1873, § 3633; Code 1882, § 3633; Civil Code 1895, § 5414; Civil Code 1910, § 6019; Code 1933, § 39-114.)

For application of this statute in 2020 and 2021, see Executive Orders 10.30.20.02, 11.13.20.01, 11.30.20.02, 12.08.20.01, 12.30.20.02, 01.15.21.01, 01.29.21.02, 02.15.21.01, 02.26.21.02, 03.12.21.01, 03.31.21.03, 04.30.21.01, and 05.28.21.02.

A listing of Executive Orders issued in 2020 and 2021 can be found at https://gov.georgia.gov/executive-action/executive-orders.

This section does not give power to arrest sheriff in criminal matters; it refers to the transferal of certain ministerial duties from a sheriff to the coroner, when the sheriff is a party to a proceeding, and precludes a sheriff handling an order for final process against the sheriff personally. 1973 Op. Att'y Gen. No. 73-93.

This section applies to civil matters involving orders, decrees, attachments, executions, and final processes, and does not give authority to arrest a sheriff in criminal matters. 1973 Op. Att'y Gen. No. 73-93.

RESEARCH REFERENCES

Am. Jur. 2d.

- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 174 et seq.

- 33 C.J.S., Executions, §§ 89, 91.