Advertising Costs Paid in Advance; Exception When Affidavit of Indigence Filed

  1. Law
  2. Georgia Code
  3. Civil Practice
  4. Executions and Judicial Sales
  5. Judicial Sales
  6. Advertisement
  7. Advertising Costs Paid in Advance; Exception When Affidavit of Indigence Filed

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

No sheriff or deputy sheriff shall be required to advertise the property of any defendant in execution for sale until the cost of the advertisement shall have been first paid by the plaintiff in execution, his agent, or his attorney, provided that when any such party plaintiff, or his agent or attorney for him, shall make and file an affidavit in writing that because of his indigence he is unable to pay such cost, it shall be the duty of the sheriff or his deputy to proceed as required by law.

(Ga. L. 1872, p. 42, § 1; Code 1873, § 3649; Code 1882, § 3649; Civil Code 1895, § 5459; Civil Code 1910, § 6064; Code 1933, § 39-1106.)

OPINIONS OF THE ATTORNEY GENERAL

Newspapers may require cash in advance on legal advertising. 1958-59 Op. Att'y Gen. p. 1.

RESEARCH REFERENCES

C.J.S.

- 66 C.J.S., Newspapers, § 27.

ALR.

- Steps to be taken by officer before resale upon default of purchaser at judicial or execution sale, 24 A.L.R. 1330.

PART 2 CONDUCT AND EFFECT

9-13-160. Time of conducting public sale.

  1. For the purposes of this Code section, the term "public sale" means any sale, the notice of which must by law in any manner be given to the public.
  2. All public sales conducted within this state shall be between the hours of 10:00 A.M. and 4:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, on the date fixed for the sale.

(Ga. L. 1963, p. 366, § 1; Ga. L. 1979, p. 833, § 1.)

Law reviews.

- For article surveying recent legislative and judicial developments in Georgia's real property laws, see 31 Mercer L. Rev. 187 (1979).

JUDICIAL DECISIONS

Failure to comply not reversible error.

- Trial court properly denied first tenant in common's protest on the ground that public sale of the first tenant in common and second tenant in common's sign, ordered by the trial court, took place one hour before the time allowed for in the statute as the commissioners conducted the sale at the time provided for in the trial court's order that was produced, proffered, and procured by the first tenant in common and the first tenant in common could not complain about a ruling which the first tenant in common caused. Caudell v. Toccoa Inn, Inc., 261 Ga. App. 209, 582 S.E.2d 180 (2003).

Sale at courthouse.

- Trial court did not err in denying first tenant in common's protest of public sale of sign owned by the first tenant in common and the second tenant in common as the statutory requirement was fulfilled when the sale took place at the county building where the courts were located even though the building was referred to as the "County Government Building," since that building was the only place where the superior court convened; the statute did not require the sale take place at a building which carried the name "courthouse." Caudell v. Toccoa Inn, Inc., 261 Ga. App. 209, 582 S.E.2d 180 (2003).

Cited in Oglethorpe Co. v. United States, 558 F.2d 590 (Ct. Cl. 1977); Butler v. Forsyth County Bank, 153 Ga. App. 122, 264 S.E.2d 502 (1980).

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Judicial Sales, § 39.

C.J.S.

- 50A C.J.S. Judicial Sales, § 14 et seq.


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