Effect, Recordation, Execution, and Enforcement of Money Judgments; Fee for Recordation

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  1. Except where otherwise provided by law, the general laws and rules applicable to the effect, recordation, execution, and enforcement of money judgments in civil cases in the superior courts of this state shall be applicable to and govern the magistrate courts.
  2. Upon the issuance of any execution by the magistrate court, the clerk of the magistrate court shall immediately transmit a copy of the execution to the clerk of superior court of the county. The fee of the clerk of superior court for recording the execution on the general execution docket shall be charged and collected by the magistrate court contemporaneously with or prior to the issuance of the execution but not before the entry of judgment in the action; and such fee shall be transmitted by the clerk of magistrate court to the clerk of superior court together with the copy of the execution. The clerk of the superior court shall immediately enter the execution upon the general execution docket in the same manner as executions issued by the superior court, without the necessity of any action by the plaintiff in fi. fa.

(Code 1981, §15-10-47, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1984, p. 1096, § 7; Ga. L. 1986, p. 701, § 4; Ga. L. 1987, p. 320, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Writs of fieri facias may be directed to constables.

- Writs of fieri facias issued by the magistrate court may be directed to the constables of that court and, in executing these writs, constables may conduct judicial sales of personal property. 1984 Op. Att'y Gen. No. U84-36.


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