§ 9-12-81.General execution docket; when money judgment in county of defendant’s residence creates lien against third parties without notice
Chapter 12. Verdict and Judgment · Article 4. Judgment Liens · Last amended 2012 · Last verified July 17, 2026
Full Text of § 9-12-81
Plain-English Summary
Subsection (a) sets up the recordkeeping backbone for the rest of this article: every county clerk of superior court must keep a general execution docket, whether on paper or in electronic form. That docket is the public record a lender, buyer, or title examiner checks before dealing with someone's property, and the whole notice system built around judgment liens depends on it existing and being kept current.
Subsection (b) then puts teeth into that docket. As between the parties to the judgment, the debt is already binding. But against a third party who acted in good faith and had no notice of the judgment — someone who bought the property or took a lien on it without knowing a judgment existed — the judgment creates no lien unless the execution has been entered on the docket. Once entered, the lien dates from that entry, not from the earlier date of the judgment itself.
This section covers the simplest case: a judgment obtained in the same county where the defendant lives. Later sections in the article handle the trickier scenarios — judgments from other counties, land located elsewhere, and nonresident defendants — each adapting the same basic idea that public notice through docketing is what protects a lien against people who were not part of the original lawsuit.
Frequently Asked Questions
What is the general execution docket?
It is a public record the clerk of each superior court must keep, in paper or electronic form, listing executions issued on judgments so that third parties can discover what liens may affect a piece of property.
Who is required to maintain the docket?
The clerk of superior court of each county is required to keep it.
When does a judgment lien become effective against a good-faith third party without notice?
Only once the execution issued on the judgment has been entered on the general execution docket. Before that entry, no lien exists as to such a third party, and the lien dates from the entry rather than from the judgment itself.
Does this section protect a purchaser who already knew about the judgment?
No. The protection runs to third parties acting in good faith and without notice. Someone with actual knowledge of the judgment does not get the benefit of the docketing requirement.
Does this section affect the judgment's validity between the original parties?
No. As between the judgment creditor and the judgment debtor, the judgment already binds the debtor's property under the general rule; this section's docketing requirement is aimed specifically at protecting outside third parties.
Amendment History
Ga. L. 1889, p. 106, § 2; Civil Code 1895, § 2779; Civil Code 1910, § 3321; Ga. L. 1921, p. 115, § 1; Code 1933, § 39-701; Ga. L. 1955, p. 425, § 1; Ga. L. 2012, p. 599, § 1-2/HB 665.