Motion for Dissolution of Writ; Payment of Claim or Furnishing of Bond; Procedure Upon Dissolution of Writ

  1. Law
  2. Georgia Code
  3. Property
  4. Mortgages, Conveyances to Secure Debt, and Liens
  5. Foreclosure
  6. Foreclosures on Personalty
  7. Foreclosures Arising Out of Commercial Transactions
  8. Motion for Dissolution of Writ; Payment of Claim or Furnishing of Bond; Procedure Upon Dissolution of Writ

Checkout our iOS App for a better way to browser and research.

  1. At any time within which the defendant may file defenses as provided for under Code Section 44-14-267, the defendant may:
    1. Move for a dissolution of the writ, which motion shall be granted unless the petitioner proves the grounds upon which the writ was issued; or
    2. Pay to the court the full amount of the petitioner's claim, including costs, or furnish a bond with good and sufficient security for the value of the property as determined after hearing by the court before which the matter is pending or a bond for the amount of petitioner's claim, including costs, whichever is less.
  2. If the writ is dissolved under paragraph (1) or (2) of subsection (a) of this Code section, the action shall proceed on the petitioner's claim as if no writ had issued; and any issue requiring trial shall be had in accordance with the procedure prescribed for civil actions in courts of record.

(Code 1933, § 67-716, enacted by Ga. L. 1975, p. 1213, § 3.)

RESEARCH REFERENCES

C.J.S.

- 14 C.J.S., Chattel Mortgages, §§ 236-238.

ALR.

- Right of mortgagee lawfully in possession, or one entitled to his rights, to retain possession until debt is paid, although debt or right to foreclose is barred by limitation, 115 A.L.R. 339.


Download our app to see the most-to-date content.