2021 Georgia Code
Title 9 - Civil Practice
Chapter 13 - Executions and Judicial Sales
Article 1 - General Provisions
§ 9-13-5. Amendment of Execution - to Conform to Judgment or Time of Return
A writ of fieri facias may be amended so as to conform to the judgment upon which it issued and to the time of its return; and such amendments shall in no manner affect the validity of the writ of fieri facias, nor shall the levy of the writ fall or be in any manner invalidated thereby.
(Orig. Code 1863, § 3425; Code 1868, § 3445; Code 1873, § 3495; Code 1882, § 3495; Ga. L. 1890-91, p. 76, § 1; Civil Code 1895, § 5114; Civil Code 1910, § 5698; Code 1933, § 39-109.)
Law reviews.- For note discussing the procedure for the issuance and amendment of a writ of execution, see 12 Ga. L. Rev. 814 (1978).
JUDICIAL DECISIONS
Judgment may be amended by order of court, in conformity to verdict upon which the judgment is predicated. Jones v. Whitehead, 167 Ga. 848, 146 S.E. 768 (1929).
After proper order to amend, it is not requisite to issue new fieri facias. Saffold v. Wade, 56 Ga. 174 (1876).
Copy or alias fieri facias may be amended. Artope v. Barker, 72 Ga. 186 (1883).
Amendments to fieri facias relate back to original dates and take effect therefrom. Saffold v. Wade, 56 Ga. 174 (1876).
Execution on alimony judgment amendable to show proper status of party.
- When a judgment awarded alimony to a wife for the benefit of her minor daughter, and execution in favor of the wife individually did not follow the judgment, the husband was entitled to have the judgment amended so as to show that the execution issued in the name of the wife for the benefit of her minor child, instead of in her individual capacity. Jackson v. Jackson, 204 Ga. 259, 49 S.E.2d 662 (1948).
When excess penalty included in tax execution is illegal, such excess requires only amendment; a dismissal of the execution for this reason is unauthorized. State Revenue Comm'n v. NABISCO, 49 Ga. App. 409, 175 S.E. 607 (1934).
Cited in Hollis v. Sales, 103 Ga. 75, 29 S.E. 482 (1897); Manley v. McKenzie, 128 Ga. 347, 57 S.E. 705 (1907); Rabon v. Brown, 275 Ga. 46, 561 S.E.2d 816 (2002).
RESEARCH REFERENCES
Am. Jur. 2d.
- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 108 et seq.
C.J.S.- 33 C.J.S., Executions, §§ 114, 115.
ALR.
- Power of court to compel officer to amend or perfect his return of execution or attachment, 132 A.L.R. 904.
