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§ 9-12-84.When money judgment against nonresident creates lien on land within state against third parties without notice

Chapter 12. Verdict and Judgment · Article 4. Judgment Liens · Last amended 1933 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-12-84 ties a judgment lien against a nonresident's Georgia real estate to recording the execution on the general execution docket of the county where that real estate sits, while making clear that the recording requirement affects only third-party lien priority and not the judgment's force between the original parties.

Full Text of § 9-12-84

Text sizeJump to: (a) (b)

(a) As against the interests of third parties acting in good faith and without notice who have acquired a transfer or lien binding any real estate situated in this state owned by a nonresident, no money judgment obtained in any court of this state or federal court in this state against the nonresident shall create a lien upon the real estate of the nonresident unless the execution issuing thereon is entered upon the general execution docket of the county in which the real estate is situated. When the execution is entered upon the docket, the lien shall date from such entry.
(b) Nothing in this Code section shall be construed to affect the validity or force of any judgment as between the parties thereto.

Plain-English Summary

When the defendant lives outside Georgia, the usual approach of docketing in the "county of the defendant's residence" has no obvious answer — there is no Georgia county of residence to use. Subsection (a) fills that gap for real estate: as against good-faith third parties without notice who acquire a transfer or lien on Georgia real estate owned by a nonresident, a money judgment against that nonresident creates no lien on the real estate unless the execution is entered on the general execution docket of the county where the real estate is located. Once entered, the lien dates from that entry.

Subsection (b) then draws a clear boundary around what the recording rule protects. It affects only whether the lien can be enforced against outside third parties who bought or took a lien on the property without notice. It has no bearing on the judgment's validity or force between the plaintiff and the nonresident defendant themselves — that judgment remains fully effective between them regardless of whether the execution was ever docketed.

Read together with the article's other docketing provisions, this section shows how Georgia adapts the same underlying notice principle to a defendant who has property in the state but no residence in it: the county where the property sits substitutes for the county of residence used elsewhere in the article.

Frequently Asked Questions

Why does this section single out nonresident defendants?

Because the docketing rules elsewhere in this article are built around the county of the defendant's residence, a rule that does not translate cleanly when the defendant does not reside in Georgia at all. This section supplies a substitute standard tied to where the real estate itself is located.

Where must the creditor record the execution to bind a nonresident's Georgia real estate?

On the general execution docket of the county in which the real estate is situated.

From what date does the lien run once docketed?

From the date the execution is entered on the docket.

Does failing to docket the execution affect the judgment's validity between the parties?

No. Subsection (b) makes clear that nothing in this section affects the validity or force of the judgment as between the plaintiff and the nonresident defendant; the docketing requirement matters only for priority against outside third parties.

Who benefits from the notice requirement in subsection (a)?

Third parties who, acting in good faith and without notice, have acquired a transfer or lien binding the nonresident's Georgia real estate.

Amendment History

Ga. L. 1890-91, p. 207, §§ 1, 2; Civil Code 1895, §§ 2783, 2784; Civil Code 1910, §§ 3325, 3326; Code 1933, §§ 39-706, 39-707.

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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