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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 44. PROPERTY |
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Chapter 13. EXEMPTIONS FROM LEVY AND SALE |
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Article 1. CONSTITUTIONAL EXEMPTIONS |
| Part 1. IN GENERAL |
| § 44-13-1. Amount of exemption; who may claim exemption; what charges enforceable |
| § 44-13-1.1. "Dependent" defined |
| § 44-13-2. Application for exemption by spouse, minor children or representative of dependents upon debtor's refusal to apply |
| § 44-13-3. Supplementation of exemption |
| § 44-13-4. Application for exemptions; to whom made; contents; schedule of property and list of creditors; effect of failure to comply; survey |
| § 44-13-5. Survey of lands in different county |
| § 44-13-6. Duty to provide full schedule of property; effect of fraudulent omissions |
| § 44-13-7. Publication of notice of application; form |
| § 44-13-8. Written notice to creditors; how given |
| § 44-13-9. Time fixed by notice for hearing |
| § 44-13-10. Survey of exempted real property; affidavit of surveyor; return to probate court; objection to survey; failure of surveyor to comply as contempt |
| § 44-13-11. Approval of application; transmittal of copy of exempted real property to other counties; recordation |
| § 44-13-12. Objections to schedule |
| § 44-13-13. Appointment of appraisers upon filing of objections; examination and valuation of property; alterations in plat and schedule; approval and recordation; appeal |
| § 44-13-14. Procedure for exempting town realty valued in excess of exemption; order of probate court; reinvestment of sale proceeds; liability of judge or officer |
| § 44-13-15. How cash exempted; investment in personalty |
| § 44-13-16. Sale of exempted property for reinvestment; procedure; effect |
| § 44-13-17. Sale for reinvestment when application made for debtor's children or dependents or by divorced spouse |
| § 44-13-18. Disposition of rents and profits arising from exempted property |
| § 44-13-19. Costs of proceedings |
| § 44-13-20. Reversion of property set apart for spouse, children, or dependents |
| § 44-13-21. Effect of article on other exemptions |
| Part 2. WAIVER OF EXEMPTIONS |
| § 44-13-40. Right of debtor to waive exemption |
| § 44-13-41. Selection of property as to which exemption not waived; affidavit as to valuation; jury trial; penalty for harassment of debtor |
| § 44-13-42. Mode of setting apart household and kitchen furniture and provisions; schedule; recordation; fee |
| § 44-13-43. Spouse or dependent claiming exemption for debtor may not claim own exemption |
| Part 3. LEVY ON AND SALE OF EXEMPTED REAL PROPERTY |
| § 44-13-60. Affidavit disputing exemption of exempted real property from execution; levy and sale by officer; effect of debtor's counteraffidavit |
| § 44-13-61. When and how issue tried |
| § 44-13-62. Findings upon the trial; effect |
| § 44-13-63. Levy or sale of exempted real property as trespass; persons entitled to recovery |
| Part 4. SALE OF EXCESS PROPERTY BY RECEIVER |
| § 44-13-80. Appointment of receiver to sell excess realty |
| § 44-13-81. Delivery of excess personalty to receiver for disposition |
| § 44-13-82. Sale of realty and distribution of proceeds; priorities |
| § 44-13-83. Procedure for sale of personalty |
| § 44-13-84. Only one receiver authorized |
| § 44-13-85. Cancellation of sale upon failure of any creditor to appear and file claim |
| § 44-13-86. Bond required of receiver; power of superior court over receiver; settling of conflicts; disposition of excess |
| § 44-13-87. Right of applicant to select exempt property |