In an action in which any part of the relief sought is a judgment for a sum of money or the disposition of any other thing capable of delivery, a party, upon notice to every other party, and by leave of court, may deposit with the court all or any part of such sum or thing to be held by the clerk of the court, subject to withdrawal, in whole or in part, at any time thereafter upon order of the court, upon posting of sufficient security. Where the thing deposited is money, interest thereupon shall abate.
§ 9-11-67.Deposit in court
Chapter 11. Civil Practice Act · Article 8. Provisional and Final Remedies and Special Proceedings · Last amended 1966 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-11-67 lets a party who owes money or some other deliverable thing, on notice to every other party and with the court’s permission, deposit that sum or thing with the clerk of court to be held and later withdrawn under court order and adequate security, with interest on any deposited money stopping once it is on deposit.
Full Text of § 9-11-67
Plain-English Summary
Litigation over money or property sometimes leaves a party holding something that isn’t theirs to keep — a sum they concede they owe, or an item they concede belongs to whoever wins the case. Rather than sit on it, this section lets that party deposit the money or thing with the court. The deposit isn’t automatic: it requires notice to every other party in the case and leave of court, so a judge signs off before the clerk takes custody.
Once deposited, the clerk holds the money or thing, and any party may later withdraw all or part of it — but only on court order and only after posting sufficient security. If what’s deposited is money, interest on it abates, meaning it stops accruing once the deposit is made. That detail matters to the calculus of whether to deposit at all: a party gives up any future interest that might otherwise run on the money while it sits with the court.
The mechanism is available whenever part of the relief sought in an action is a money judgment or the disposition of some other thing capable of delivery, which makes it a useful tool alongside interpleader-type disputes and the judgment-for-specific-acts remedies found elsewhere in this article.
Frequently Asked Questions
Does a party need the court’s permission to deposit money or property under this section?
Yes. The deposit requires both notice to every other party and leave of court; it is not something a party may do without a judge’s approval.
What happens to interest on money deposited with the court?
Interest on the deposited money abates, meaning it stops accruing once the money is on deposit with the clerk.
Can a party withdraw part of what was deposited, or must they wait until the case ends?
A party may withdraw all or part of the deposit at any time afterward, but only upon order of the court and after posting sufficient security.
What kinds of cases allow a deposit under this section?
Any action in which part of the relief sought is a judgment for a sum of money or the disposition of some other thing capable of delivery.
Who holds the deposited money or property?
The clerk of the court holds it, subject to withdrawal under the conditions the court sets.
Amendment History
Ga. L. 1966, p. 609, § 67.
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
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