All affidavits for the foreclosure of liens, including mortgages, all affidavits that are the foundation of legal proceedings, and all counter affidavits shall be amendable to the same extent as ordinary pleadings and with only the restrictions, limitations, and consequences of ordinary pleadings.
§ 9-10-130.When affidavits amendable
Chapter 10. Civil Practice and Procedure Generally · Article 6. Amendments · Last amended 1933 · Last verified July 17, 2026
In one sentencePuts affidavits that start or defend a legal proceeding — lien and mortgage foreclosure affidavits and counter-affidavits among them — on the same footing as ordinary pleadings for amendment purposes, so the same rules, limits, and consequences that govern amending a complaint or answer apply to them too.
Full Text of § 9-10-130
Plain-English Summary
Affidavits sometimes function less like supporting evidence and more like the pleading itself — lien foreclosure affidavits, mortgage foreclosure affidavits, and counter-affidavits all launch or defend a legal proceeding on their own. This section makes sure a defective one of these affidavits does not sink the whole case. It puts them on the same footing as ordinary pleadings when it comes to amendment.
That equal treatment cuts both ways. These foundational affidavits get the same latitude to fix errors that a complaint or answer would get, but they also carry the same restrictions, limitations, and consequences that apply to amending ordinary pleadings — nothing here creates a more forgiving standard for affidavits than for pleadings generally, it only removes a stricter one that might otherwise apply to a sworn document.
For anyone foreclosing a lien or mortgage, or filing a counter-affidavit to contest one, this section is the reason a technical defect in the affidavit does not have to mean starting the proceeding over from scratch.
Frequently Asked Questions
What kinds of affidavits does this section cover?
Affidavits for the foreclosure of liens, including mortgages, affidavits that are the foundation of legal proceedings, and counter affidavits.
How freely can these affidavits be amended?
To the same extent as ordinary pleadings, with only the restrictions, limitations, and consequences that apply to amending ordinary pleadings.
Are there special restrictions on amending these affidavits beyond those for pleadings?
No, the section limits the restrictions to those that apply to ordinary pleadings, not any stricter standard unique to affidavits.
What is a “counter affidavit” in this context?
The section groups counter affidavits with lien foreclosure affidavits and other foundational affidavits as documents that can be amended like ordinary pleadings, reflecting their role in contesting a foreclosure or similar proceeding.
Why does Georgia treat these affidavits like pleadings for amendment purposes?
Because they function as the foundation of a legal proceeding rather than mere supporting evidence, so the law gives them the same amendment latitude, and the same limits, that ordinary pleadings receive.
Amendment History
Orig. Code 1863, § 3433; Code 1868, § 3453; Code 1873, § 3504; Code 1882, § 3504; Ga. L. 1887, p. 59, § 1; Ga. L. 1889, p. 110, § 1; Civil Code 1895, § 5122; Civil Code 1910, § 5706; Code 1933, § 81-1203.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as: amend affidavit georgia lien foreclosurecounter affidavit amendment georgiamortgage foreclosure affidavit amendment georgiaamendable affidavits georgia civil procedure