Issuance of Alias Execution to Replace Lost Original

1. Law
2. Georgia Code
3. Civil Practice
4. Executions and Judicial Sales
5. General Provisions
6. Issuance of Alias Execution to Replace Lost Original

1. When an execution which was regularly issued from a court is lost or destroyed, the judge or justice of the court from which the same was issued may at any time, upon proper application and proof of the facts by the affidavit of the applicant, his agent, or his attorney or by any other satisfactory proof, grant an order for the issuing of an alias execution in lieu of the lost original execution. The alias execution shall have all the legal force and effect of the lost or destroyed original execution.
2. When an execution which was regularly issued by an officer of the state as authorized by law is lost or destroyed, the state officer or the successor to the state officer by whom the same was issued may at any time issue an alias execution in lieu of the lost original execution. The alias execution shall be dated the same date as the original execution and the officer shall endorse the word "alias" on the alias execution. The alias execution shall have all the legal force and effect of the lost or destroyed original execution.
3. When an execution which was regularly issued by an officer of a county or local government as authorized by law is lost or destroyed, the judge of the probate court of the county in which the original execution was issued may issue an alias execution upon the filing by the party having the right to control the original execution of a statement under oath of the loss or destruction of such original execution. The judge shall endorse the word "alias" on the alias execution. The alias execution shall have all the legal force and effect of the lost or destroyed original execution.

(Ga. L. 1857, p. 104, § 1; Code 1863, § 3892; Code 1868, § 3912; Code 1873, § 3988; Code 1882, § 3988; Civil Code 1895, § 4752; Civil Code 1910, § 5321; Code 1933, § 63-210; Ga. L. 1985, p. 1243, § 1.)

Law reviews.

- For note discussing the procedure for the issuance and amendment of a writ of execution, see 12 Ga. L. Rev. 814 (1978).

JUDICIAL DECISIONS

Term "alias" is applied to execution issued in lieu of lost original. U-Driv-It Sys. v. Lyles, 71 Ga. App. 70, 30 S.E.2d 111 (1944).

Alias fieri facias is in effect a copy; it would have no more force and effect than the original, and if the original was dormant and barred by the statute, so would the alias be. U-Driv-It Sys. v. Lyles, 71 Ga. App. 70, 30 S.E.2d 111 (1944).

Alias execution not revivor of dormant judgment.

- If a judgment is dormant or dead, the issuance of an alias execution in lieu of the lost original execution which issued on the judgment does not revive the judgment. U-Driv-It Sys. v. Lyles, 71 Ga. App. 70, 30 S.E.2d 111 (1944).

Alias fieri facias cannot regularly issue without order of court for that purpose, which order should set forth all the previous proceedings which had taken place under the original execution. Watson v. Halsted, Taylor & Co., 9 Ga. 275 (1851).

Notice to defendant in a proceeding under this section is not necessary. Rogers v. Petty, 43 Ga. App. 771, 160 S.E. 128 (1931).

Defendant may show payment of judgment before alias is issued. Lowry v. Richards, 62 Ga. 370 (1879).

Levy on land.

- Alias fieri facias can be legally levied on land belonging to the defendant, and a purchaser at a sheriff's sale under such fieri facias would be protected. Ward v. Miller, 143 Ga. 164, 84 S.E. 480 (1915).

Cited in Torrent v. Sulter, 67 Ga. 32 (1881); Drawdy v. Littlefield, 75 Ga. 215 (1885); Land v. Gormley, 177 Ga. 497, 170 S.E. 510 (1933).

RESEARCH REFERENCES

Am. Jur. 2d.

- 52 Am. Jur. 2d, Lost and Destroyed Instruments, § 7.

C.J.S.

- 54 C.J.S., Lost Instruments, §§ 5, 8 et seq.

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