In all cases of appeal where security has been given, the plaintiff or his attorney may enter judgment against the principal and his surety jointly and severally.
§ 9-12-20.Judgment when security given on appeal
Chapter 12. Verdict and Judgment · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-12-20 lets a plaintiff, once security has been given on an appeal, enter judgment jointly and severally against both the principal and the surety on that security.
Full Text of § 9-12-20
Plain-English Summary
When a party appeals and posts security to do it, that security is supposed to back up the judgment if the appeal fails. This section lets the plaintiff collect on that promise directly: in all cases of appeal where security has been given, the plaintiff or the plaintiff's attorney may enter judgment against the principal and the surety jointly and severally.
Joint and several liability means the plaintiff is not required to apportion the judgment between the two or chase the surety in a separate action on the bond. The plaintiff can pursue the principal, the surety, or both together, each answerable for the full amount.
The option is discretionary, giving the plaintiff a choice rather than an obligation to bring the surety into the judgment. Where the plaintiff does exercise it, Georgia's execution statutes carry the same principal-and-surety structure forward, allowing execution against both once the judgment against them is in place.
Frequently Asked Questions
What must have happened before this section applies?
Security must have been given in connection with an appeal.
Against whom can the plaintiff enter judgment?
Both the principal and the principal's surety.
What does “jointly and severally” mean for enforcement here?
The plaintiff can pursue the principal and the surety together or separately, each liable for the full judgment amount.
Is entering judgment against the surety mandatory?
No. It's discretionary — the plaintiff or the plaintiff's attorney “may” do so.
Why is this useful for a plaintiff who has already won a judgment?
It lets the plaintiff enforce against the appeal bond's surety directly through the same judgment, without filing a separate suit on the bond.
Amendment History
Laws 1826, Cobb’s 1851 Digest, p. 498.; Code 1863, § 3490; Code 1868, § 3513; Code 1873, § 3571; Code 1882, § 3571; Civil Code 1895, § 5342; Civil Code 1910, § 5937; Code 1933, § 110-305.
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 judgment against surety on appealappeal bond security judgment georgiajoint and several judgment surety georgia