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§ 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

In one sentenceO.C.G.A. § 9-12-81 requires the clerk of each superior court to maintain a general execution docket, and provides that a money judgment obtained in the county of the defendant's residence does not bind property against a good-faith third party without notice until the execution is entered on that docket, with the lien dating from entry.

Full Text of § 9-12-81

Text sizeJump to: (a) (b)

(a) The clerk of superior court of each county shall be required to keep a general execution docket in paper or electronic data base form.
(b) As against the interest of third parties acting in good faith and without notice who have acquired a transfer or lien binding the property of the defendant in judgment, no money judgment obtained within the county of the defendant’s residence in any court of this state or federal court in this state shall create a lien upon the property of the defendant unless the execution issuing thereon is entered upon the execution docket. When the execution has been entered upon the docket, the lien shall date from such entry.

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.

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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