A person in whose favor a judgment has been entered or a person to whom a judgment has been transferred may bona fide and for a valuable consideration transfer any judgment to a third person. In all such cases the transferee of any judgment shall have the same rights and shall be subject to the same equities and to the same defenses as was the original holder of the judgment.
§ 9-12-21.Judgments transferable; status of transferee
Chapter 12. Verdict and Judgment · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-12-21 lets a judgment holder or later transferee pass the judgment to a third person for value and in good faith, with the transferee taking the same rights the original holder had along with the same defenses that could be raised against it.
Full Text of § 9-12-21
Plain-English Summary
A judgment is not locked to the person who won it — Georgia treats it as property that can change hands. This section lets a judgment holder, or anyone who later receives a judgment by transfer, pass that judgment on to a third person, provided the transfer is made in good faith and for valuable consideration.
What the transferee receives is exactly what the transferor had, no more and no less. The transferee has the same rights the original holder had, but also remains subject to the same equities and the same defenses that could have been raised against that original holder. A judgment does not become cleaner or more secure just by changing hands.
Because the statute covers transfers by “a person in whose favor a judgment has been entered or a person to whom a judgment has been transferred,” a judgment can pass through more than one set of hands, with each bona fide, value-supported transfer carrying the same rights and the same vulnerabilities down the chain.
Frequently Asked Questions
Who is allowed to transfer a judgment under this section?
The person in whose favor the judgment was entered, or anyone to whom the judgment was later transferred.
What must a transfer satisfy to be valid under this section?
It must be made bona fide, in good faith, and for valuable consideration.
Does a transferee get greater rights than the original judgment holder had?
No. The transferee has the same rights the original holder had, no more.
Can defenses that applied against the original holder be raised against the transferee too?
Yes. The transferee remains subject to the same equities and defenses that applied to the original holder.
Can a judgment be transferred more than once?
Yes. The section allows both the original holder and a subsequent transferee to make further bona fide transfers for value.
Amendment History
Laws 1829, Cobb’s 1851 Digest, p. 499.; Code 1863, § 3516; Code 1868, § 3539; Code 1873, § 3597; Code 1882, § 3597; Civil Code 1895, § 5374; Civil Code 1910, § 5969; Code 1933, § 110-901.
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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