Georgia § 36-39-22 - Affidavit contesting amount of execution; trial by superior court; penalties for delay.

Full text of Georgia Official Code of Georgia Annotated § 36-39-22 — Affidavit contesting amount of execution; trial by superior court; penalties for delay., with citation guidance and answers to common questions.

§ 36-39-22. Affidavit contesting amount of execution; trial by superior court; penalties for delay.

The defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution issued is due and stating what amount he admits to be due, which amount so admitted to be due shall be paid and collected before the affidavit is received and the affidavit shall be received for the balance. All affidavits, including those filed by railroads or street railways against whom execution is issued for the cost and expense of paving, shall set out in detail the reasons why the affiant claims the amount is not due. When received by the municipal marshal or chief of police, such affidavits shall be returned to the superior court of the county wherein the municipal corporation is located. They shall be tried and the issue shall be determined as in cases of illegality, subject to all the pains and penalties provided for in other cases of illegality for delay under the laws of this state. (Ga. L. 1927, p. 321, § 11; Code 1933, § 69-423.)

Source: official Georgia text · Last verified 2026-08-27

Frequently Asked Questions About Georgia § 36-39-22

What does Official Code of Georgia Annotated § 36-39-22 cover?

Section 36-39-22 ("Affidavit contesting amount of execution; trial by superior court; penalties for delay.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Georgia § 36-39-22?

A common citation format is "Official Code of Georgia Annotated § 36-39-22" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Georgia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.

How does Georgia § 36-39-22 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.