2021 Georgia Code
Title 9 - Civil Practice
Chapter 13 - Executions and Judicial Sales
Article 1 - General Provisions
§ 9-13-9. When Execution Returnable
All executions, except as otherwise provided by this Code, shall be made returnable to the next term of the court from which they issued.
(Orig. Code 1863, § 3557; Code 1868, § 3580; Code 1873, § 3635; Code 1882, § 3635; Civil Code 1895, § 5416; Civil Code 1910, § 6021; Code 1933, § 39-125.)
Law reviews.- For note discussing procedures required to effect a levy of execution, see 12 Ga. L. Rev. 814 (1978).
JUDICIAL DECISIONS
Meaning of "next term".
- This section means that executions shall be returnable to the next term after the money can be lawfully made. Chamberlin & Co. v. Beck, Gregg & Co., 68 Ga. 346 (1882).
Section applicable to foreclosure of security interest.
- Former Code 1933, § 67-701 (see now O.C.G.A. § 44-14-230), relating to the foreclosure of security interests, did not make provision for the execution to be returnable to any particular term of court, so former Code 1933, § 39-125 (see now O.C.G.A. § 9-13-9) would apply. Youmans v. Consumers Fin. Corp., 77 Ga. App. 373, 48 S.E.2d 684 (1948).
RESEARCH REFERENCES
Am. Jur. 2d.
- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 217 et seq.
C.J.S.- 33 C.J.S., Executions, §§ 511, 512.
ALR.
- Execution: effect of return made after return day, 2 A.L.R. 181.
Return on execution as subject to contradiction, explanation, or amplification, 129 A.L.R. 1364.
