§ 9-12-82.When money judgment outside county of defendant’s residence creates lien against third parties without notice
Chapter 12. Verdict and Judgment · Article 4. Judgment Liens · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-12-82
Plain-English Summary
Georgia's judgment-lien system is organized by county, and this section addresses what happens when a judgment is entered in one county but the defendant's property sits somewhere else. As against bona fide purchasers for value without notice, and other good-faith third parties without notice who have acquired a transfer or lien on the debtor's property, the out-of-county judgment creates no lien on that property unless the creditor enters the execution on the general execution docket of the county where the defendant resides.
The section builds in a grace period: if the execution is entered within 30 days of the date of the judgment, the general rule that a judgment binds property from its own date (Code Section 9-12-80) carries over, so the lien is treated as effective from the judgment date itself. Miss that window, though, and this section says explicitly that the lien takes effect only from whenever the execution gets entered — meaning a good-faith buyer or lienholder who acted during the gap between the judgment and the late entry can take free of the lien.
The practical lesson for a creditor holding a judgment obtained away from the debtor's home county is to move quickly: docket the execution in the residence county within 30 days to preserve the earliest possible priority date, rather than relying on the judgment date alone to protect against later purchasers or lienholders.
Frequently Asked Questions
Which judgments does this section cover?
It covers money judgments obtained in a Georgia or federal court sitting in this state, where the judgment was obtained outside the county of the defendant's residence, and the property at issue is located in a county other than where the judgment was obtained.
What is the deadline for docketing the execution to preserve the judgment date as the lien date?
30 days from the date of the judgment. Entering the execution on the general execution docket of the defendant's residence county within that window keeps the lien governed by the general rule that a judgment binds property from its own date, so the lien's effective date remains the judgment date.
What happens if the creditor misses the 30-day deadline?
The lien still arises once the execution is entered, but it dates only from the entry itself rather than relating back to the judgment date, leaving a gap during which good-faith third parties could acquire rights in the property free of the lien.
Who does the notice requirement in this section protect?
Bona fide purchasers for value without actual notice of the judgment, and other third parties acting in good faith and without notice who have acquired a transfer or lien binding the defendant's property.
Does timely docketing protect against a purchaser who already knew about the judgment?
No. The protections in this section run only to purchasers and lienholders who acted in good faith and without notice; someone with actual notice of the judgment cannot claim the benefit of a docketing gap.
Amendment History
Laws 1822, Cobb’s 1851 Digest, p. 497.; Ga. L. 1851-52, p. 238, § 1; Code 1863, § 3502; Code 1868, § 3525; Code 1873, § 3583; Ga. L. 1878-79, p. 143, § 2; Code 1882, § 3583; Ga. L. 1889, p. 1006, § 3; Civil Code 1895, §§ 2780, 5356; Civil Code 1910, §§ 3322, 5951; Code 1933, §§ 39-702, 110-512.