Nature of Actions to Set Aside Assignments Generally; Priorities and Payment to Creditors on Judgments Rendered After Filing of Complaint to Set Aside Assignment

1. Law
2. Georgia Code
3. Debtor and Creditor
4. Debtor and Creditor Relations
5. Preferences and Assignments for Benefit of Creditors
6. Nature of Actions to Set Aside Assignments Generally; Priorities and Payment to Creditors on Judgments Rendered After Filing of Complaint to Set Aside Assignment

No assignment shall be set aside except in a direct action filed for that purpose; and no creditor shall obtain any priority or preference of payment out of the assets assigned on any judgment rendered after the filing of a complaint to set aside the assignment if the assignment is set aside and decreed to be void.

(Ga. L. 1894, p. 90, § 13; Civil Code 1895, § 2710; Civil Code 1910, § 3243; Code 1933, § 28-314.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 6 Am. Jur. 2d, Assignments for Benefit of Creditors, § 116.

C.J.S.

- 21 C.J.S., Creditor and Debtor, § 78 et seq. 37 C.J.S., Fraudulent Conveyances, § 150 et seq.

ALR.

- Priority of assignment of chose in action over subsequent garnishment as affected by lack of notice to debtor of assignment, 52 A.L.R. 109.

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