Whenever a writ of possession is granted pursuant to a petition filed in accordance with Code Section 44-14-231, a levy may be made on the secured property by the sheriff, the deputy, the marshal, the constable, or a duly qualified levying officer of the court pursuant to the writ of possession. At the option of the plaintiff, the sheriff, the deputy, the marshal, the constable, or a duly qualified levying officer of the court shall either surrender the secured property to the plaintiff for retention or disposition in accordance with Article 9 of Title 11 or shall advertise and sell the same as in the case of levy and sale under execution.
(Code 1933, § 67-707, enacted by Ga. L. 1974, p. 398, § 1.)
Law reviews.- For article on this part and personal property foreclosures, see 11 Ga. St. B.J. 230 (1975).
JUDICIAL DECISIONS
Extent of court's authority.
- While O.C.G.A. § 44-14-236 authorizes a court having jurisdiction to grant a writ of possession to the secured property, it does not authorize a state court judge to command affirmatively that the defendant return the property and thus allow a plaintiff to dispense with a levy made on the secured property by the sheriff, deputy, marshal, constable or a duly qualified levying officer of the court. Riviera Equip., Inc. v. Omega Equip. Corp., 145 Ga. App. 640, 244 S.E.2d 139 (1978).
Cited in Bank of S. v. Hammock, 140 Ga. App. 552, 231 S.E.2d 407 (1976); Sumner v. Adel Banking Co., 241 Ga. 563, 246 S.E.2d 680 (1978); Ward v. Charles D. Hardwick Co., 156 Ga. App. 96, 274 S.E.2d 20 (1980); Hennington v. Greenpoint Mortg. Funding, Inc., F. Supp. 2d (N.D. Ga. May 15, 2009).