In all claim cases where claimants are unable to give bond and security as required in this article, the claimants may file, in addition to the oath required in Code Section 9-13-90, an affidavit as follows:
"I, A.B., do swear that I do not interpose this claim for delay only; that I bona fide claim the right and title to the same; that I am advised and believe that the claim will be sustained; and that because of my indigence I am unable to give bond and security as required by law."
When the affidavit has been made and delivered to the levying officer, it shall suspend the sale in the same manner as if bond and security had been given.
(Ga. L. 1870, p. 411, § 1; Code 1873, § 3733; Code 1882, § 3733; Civil Code 1895, § 4618; Civil Code 1910, § 5164; Code 1933, § 39-807.)
RESEARCH REFERENCES
C.J.S.
- 33 C.J.S., Executions, § 336.
ALR.- Right to sue or appeal in forma pauperis as dependent on showing of financial disability of attorney or other nonparty or nonapplicant, 11 A.L.R.2d 607.
What costs or fees are contemplated by statute authorizing proceeding in forma pauperis, 98 A.L.R.2d 292.
What constitutes "fees" or "costs" within meaning of Federal Statutory Provision (28 USCS § 1915 and similar predecessor statutes) permitting party to proceed in forma pauperis without prepayment of fees and costs or security therefor, 142 A.L.R. Fed 627.