Any person seeking to foreclose an interest in personal property arising out of a commercial transaction under this subpart may seek an immediate writ of possession from the court before which the petition is filed if the petition contains a statement of facts, under oath, by the petitioner or his agent or attorney which sets forth the basis of the petitioner's claim and a sufficient ground for the issuance of an immediate writ of possession. No such writ shall issue on an interest arising out of a consumer transaction; provided, however, that an immediate writ of possession may issue for merchandise or services rendered on merchandise which was paid for, in whole or in part, by a bad check as the term "bad check" is defined in Code Section 44-14-516.
(Code 1933, § 67-709, enacted by Ga. L. 1975, p. 1213, § 3; Ga. L. 1989, p. 803, § 1.)
Law reviews.- For article on Chapter 67-7 (now this part,) and personal property foreclosures, see 11 Ga. St. B.J. 230 (1975).
JUDICIAL DECISIONS
Filing a foreclosure petition is not a jurisdictional prerequisite to a creditor's right to seek an immediate writ of possession. Flateau v. Reinhardt, Whitley & Wilmot, 220 Ga. App. 188, 469 S.E.2d 222 (1996).
Cited in Sumner v. Adel Banking Co., 241 Ga. 563, 246 S.E.2d 780 (1978); Porter v. Midland-Guardian Co., 242 Ga. 1, 247 S.E.2d 743 (1978); Sumner v. Adel Banking Co., 244 Ga. 73, 259 S.E.2d 32 (1979); Deutz-Allis Credit Corp. v. Phillips, 183 Ga. App. 760, 360 S.E.2d 29 (1987).