Georgia § 9-13-161 - Where and when sales under execution held; change of place of public sales by court order.

§ 9-13-161. Where and when sales under execution held; change of place of public sales by court order.

Unless otherwise provided, sales of property taken under execution shall be made by the sheriffs or coroners only at the courthouse of the county where the levy was made on the first Tuesday in each month, between the hours of 10:00 A.M. and 4:00 P.M., and at public outcry; provided, however, that, should the first Tuesday of the month fall on New Year's Day or Independence Day, such sales shall take place on the immediately following Wednesday. A change in the time of such sales from the first Tuesday of the month to the first Wednesday of the month as provided in this subsection shall also apply to all public sales within the county required to be conducted at the time of the sheriff's sales. In all cases where any sheriff, coroner, or other levying officer shall levy any execution or other legal process upon any corn, lumber, timber of any kind, bricks, machinery, or other articles difficult and expensive to transport, the officer may sell the property without carrying and exposing the same at the courthouse door on the day of sale, but the levying officer shall give a full description of the property and the place where it is located in the advertisement of the sale. By general order of the presiding judge of the superior court of the county, published in the official newspaper of the county and entered on the minutes of the court, all sales of property under execution within a county may be held at a place other than at the courthouse when, in the opinion of the judge, the holding of such sales before the courthouse door would create an undue traffic hazard or unnecessarily endanger the person or property of persons using the public streets. However, no such property shall be sold at a place different from that shown in the advertisement of the sale. Any change in the place of such sales within any county, as provided in this Code section, shall also apply to all public sales within the county required to be conducted in the manner of sheriff's sales. (Laws 1799, Cobb's 1851 Digest, p. 509; Laws 1821, Cobb's 1851 Digest, p. 511; Code 1863, § 3575; Code 1868, § 3598; Ga. L. 1871-72, p. 49, § 1; Code 1873, § 3646; Code 1882, § 3646; Civil Code 1895, § 5455; Civil Code 1910, § 6060; Code 1933, § 39-1201; Ga. L. 1956, p. 701, § 1; Ga. L. 1990, p. 1731, § 1; Ga. L. 1993, p. 91, § 9.) Law reviews. - For article, "Buying Distressed Commercial Real Estate: What are the Alternatives?," see 16 (No. 4) Ga. St. B.J. 18 (2010).