In all cases in which a judgment is rendered and an appeal is entered from the judgment, the property of the defendant in judgment shall not be bound by the judgment except so far as to prevent the alienation by the defendant of his property between its signing and the signing of the judgment on the appeal, but the property shall be bound from the signing of the judgment on the appeal.
§ 9-12-88.Extent property affected by judgment pending appeal
Chapter 12. Verdict and Judgment · Article 4. Judgment Liens · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-12-88 provides that, while an appeal from a judgment is pending, the defendant's property is not bound by that judgment except to stop the defendant from alienating the property in the meantime, with full binding effect resuming once the judgment on appeal is signed.
Full Text of § 9-12-88
Plain-English Summary
An appeal creates a gap between the trial court's judgment and whatever the appellate process ultimately produces. This section addresses what happens to the defendant's property during that gap. It is not a full freeze and it is not a full release — the property is not bound by the original judgment during the appeal, except for one purpose: preventing the defendant from selling or otherwise transferring the property between the signing of the trial court judgment and the signing of the judgment on appeal.
That narrow restraint matters because, without it, a defendant could use the pendency of an appeal as a window to move or sell property before either judgment could reach it. The statute closes that window while otherwise declining to bind the property outright during the appeal itself.
Once the judgment on appeal is signed, the property becomes bound again, and the statute is explicit that the binding effect runs from that signing date. Read together with the following Code section on affirmances, this provision and its neighbor work as a pair: this one governs the interim period while the appeal is pending, and the next explains what happens to the lien's standing once the appellate court rules.
Frequently Asked Questions
Is a defendant's property fully bound by a judgment while an appeal from it is pending?
No. This section removes the general binding effect during that period, aside from one specific restraint on alienating the property.
What is the defendant restricted from doing with the property during the appeal?
Alienating it — that is, transferring or disposing of it — between the signing of the trial court's judgment and the signing of the judgment on appeal.
When does the property become fully bound again after an appeal?
From the signing of the judgment on appeal, at which point the property is bound going forward.
Why would Georgia law limit the binding effect of a judgment during an appeal?
The limitation avoids treating the trial court judgment as final for lien purposes while it remains subject to appellate review, while still stopping the defendant from using the appeal period to move the property out of reach.
What happens to the earlier lien if the appellate court affirms the trial court judgment?
The following Code section addresses that situation directly, providing that an affirmed judgment loses no lien or priority through the appellate proceeding.
Amendment History
Laws 1812, Cobb’s 1851 Digest, p. 496.; Code 1863, § 3500; Code 1868, § 3523; Code 1873, § 3581; Code 1882, § 3581; Civil Code 1895, § 5352; Civil Code 1910, § 5947; Code 1933, § 110-508.
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
Also known as: georgia judgment lien during appealalienation of property pending appeal georgiajudgment bound property appeal signed georgiageorgia appeal effect on judgment lien