Creditors or bona fide purchasers may attack a judgment for any defect appearing on the face of the record or the pleadings or for fraud or collusion, whenever and wherever it interferes with their rights, either at law or in equity.
§ 9-12-17.When creditors or purchasers may attack judgment
Chapter 12. Verdict and Judgment · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-12-17 lets creditors or bona fide purchasers attack a judgment, at law or in equity, for a defect on the face of the record or pleadings or for fraud or collusion, whenever it interferes with their rights.
Full Text of § 9-12-17
Plain-English Summary
A judgment can sometimes be used as a weapon against people who were never party to the case that produced it — a collusive judgment engineered to establish a false priority or defeat a claim someone else holds, or a judgment procured by a fraud on the court that harms an outsider's rights. This section gives those outsiders a way to fight back. Creditors or bona fide purchasers may attack a judgment for any defect appearing on the face of the record or the pleadings or for fraud or collusion.
The reach of that right is broad by design. The attack is available whenever and wherever the judgment interferes with the creditor's or purchaser's rights, and it can proceed either at law or in equity, without confining the challenge to one procedural track.
The concern behind the rule is easy to state: a judgment can be engineered, or corrupted, in ways that injure a third party who had no chance to contest it while it was being made — collusion between the original parties is one route to that result, but fraud on the court by even a single party is another. Letting creditors and bona fide purchasers attack that kind of judgment directly protects their stake in property or debts it might otherwise compromise.
Frequently Asked Questions
Who has standing to attack a judgment under this section?
Creditors and bona fide purchasers — not just the original parties to the case that produced the judgment.
On what two grounds can they attack the judgment?
A defect appearing on the face of the record or pleadings, or fraud or collusion. Collusion requires both original parties to cooperate; fraud does not — a fraud committed by only one party can support the attack too.
Is there a time limit on when this kind of attack can be brought?
The statute doesn't set one; it applies “whenever” the judgment interferes with the creditor's or purchaser's rights.
Can this attack be brought in a court of equity?
Yes. The statute allows the attack either at law or in equity.
Does the fraud supporting this kind of attack have to involve both original parties?
No. Collusion by definition involves both, but the statute lists fraud as an independent ground, so a fraud on the court committed by just one party — false evidence or perjury that harms a creditor's or purchaser's rights, for example — can also support the attack.
Amendment History
Orig. Code 1863, § 3515; Code 1868, § 3538; Code 1873, § 3596; Code 1882, § 3596; Civil Code 1895, § 5371; Civil Code 1910, § 5966; Code 1933, § 110-711.
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: georgia creditor attack judgment fraudbona fide purchaser challenge judgment georgiacollusive judgment attack georgia