§ 9-12-83.When money judgment creates lien on land located outside county in which obtained 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 § 9-12-83
Plain-English Summary
This section narrows the focus to land specifically. A judgment obtained in one county has no automatic reach into land the debtor owns in a different county — not as against a third party who, in good faith and without notice, has acquired a transfer or lien on that land — unless the creditor has recorded the execution on the general execution docket of the county where the land is located.
The timing test here differs from the fixed 30-day window in the preceding section. Instead of a flat deadline, the question is whether the execution was recorded before the third party's transfer or lien was acquired. If the recording happened first, the good-faith purchaser or lienholder takes subject to the judgment lien; if it happened afterward, that party takes free of it.
Taken together with the surrounding sections, this Code section reinforces a consistent theme: a creditor who wants a judgment to reach land outside the county where it was entered must take the added step of recording the execution in the county where that land sits, rather than assuming the original judgment alone reaches property anywhere in the state.
Frequently Asked Questions
What kind of property does this section address?
Land — real property located in a county other than the one in which the judgment was obtained.
Where must the execution be recorded to bind such land against good-faith third parties?
On the general execution docket of the county in which the land is located.
What is the timing test for whether recording protects the lien?
Whether the execution was already recorded on the county's general execution docket at the time the third party acquired its transfer or lien. Recording before that moment binds the land; recording after does not, as to that party.
Who can take the land free of the lien under this section?
A third party who, acting in good faith and without notice, acquires a transfer or lien binding the defendant's property before the execution has been recorded in the county where the land is located.
How does this section differ from the rule for out-of-county money judgments generally?
The preceding Code section sets a flat 30-day period after judgment for docketing in the debtor's residence county. This section, focused specifically on land, ties the outcome instead to whether recording occurred before a particular third party's transfer or lien arose.
Amendment History
Ga. L. 1914, p. 98, § 2; Code 1933, § 39-703.