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§ 9-12-90.Judgments relating to common disaster

Chapter 12. Verdict and Judgment · Article 4. Judgment Liens · Last amended 1947 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-12-90 puts all judgment liens arising from actions for damages growing out of a single common disaster or occurrence on equal rank regardless of when each verdict or judgment was entered, as long as the underlying action was filed within 12 months of the disaster.

Full Text of § 9-12-90

Text sizeJump to: (a) (b)

(a) Liens of all judgments obtained in actions for damages growing out of a common disaster or occurrence shall be equal in rank or priority regardless of the date of the rendition of the verdict or the entering of the judgment. However, this Code section shall apply only to judgments obtained in actions which are filed within 12 months from the date of the happening of the disaster or occurrence giving rise to the cause of action.
(b) This Code section applies to all actions filed in the courts of this state in which damages are sought to be recovered on account of injuries sustained in or death resulting from a common disaster or occurrence.

Plain-English Summary

A single disaster — an event that produces multiple injured or deceased victims — can generate many separate lawsuits against the same defendant, whose assets may not stretch far enough to satisfy every judgment in full. Left to the ordinary date-of-judgment rule, whichever plaintiff won a judgment first would claim priority over everyone else, even though all the claims trace back to the same event. Subsection (a) rejects that outcome: liens from judgments in actions for damages growing out of a common disaster or occurrence rank equally, no matter the order in which the verdicts or judgments were rendered.

That equal-rank protection comes with a gatekeeper, though. It applies only to judgments obtained in actions filed within 12 months of the date the disaster or occurrence happened. A plaintiff who waits past that year loses the benefit of equal priority and falls back into the ordinary date-based ranking that governs judgments generally.

Subsection (b) confirms the section's reach: it applies to every action filed in Georgia's courts seeking damages for injuries sustained, or death resulting, from a common disaster or occurrence — not limited to any particular kind of catastrophe, but defined by the shared origin of the claims in one event.

Frequently Asked Questions

What does this section do to the ranking of judgment liens arising from a common disaster?

It makes them equal in rank and priority regardless of the order in which each verdict was rendered or each judgment was entered.

What deadline must a plaintiff meet to get the benefit of this equal-priority rule?

The underlying action must be filed within 12 months from the date the common disaster or occurrence happened.

What happens to the priority of a judgment obtained in an action filed more than 12 months after the disaster?

This section's equal-priority protection does not apply to it; a late-filed action falls outside the rule and is left to the ordinary priority rules that apply to judgments generally.

What kinds of actions does subsection (b) say this section applies to?

All actions filed in Georgia courts in which damages are sought for injuries sustained in, or death resulting from, a common disaster or occurrence.

Why would Georgia treat common-disaster judgments differently from ordinary judgments?

Because a single event can generate a group of related claims against the same defendant competing for the same limited assets, and this section spreads that limited pool among the victims of one event rather than letting the first judgment entered take priority over all the others.

Amendment History

Ga. L. 1947, p. 1138, §§ 1, 2.

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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