A judgment creates no lien upon promissory notes in the hands of the defendant.
§ 9-12-91.Effect of judgment on promissory notes
Chapter 12. Verdict and Judgment · Article 4. Judgment Liens · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-12-91 provides that a judgment creates no lien on promissory notes held by the defendant, keeping such notes free of the judgment lien even though the defendant's other property is bound.
Full Text of § 9-12-91
Plain-English Summary
This one-sentence Code section carves out a narrow but distinct exception from the general rule that a judgment binds all of a debtor's property, real and personal. Promissory notes in the defendant's hands — meaning notes the defendant holds as an asset, as the person entitled to be paid on them, not notes the defendant owes as the maker — do not become subject to a judgment lien the way other personal property does.
The exception reflects how notes function differently from ordinary tangible property. A promissory note is a piece of paper representing someone else's promise to pay, and it typically needs to be transferred, negotiated, or specifically pursued through other collection procedures rather than attached outright the way a judgment lien attaches to land or goods. This section keeps that category of asset outside the automatic reach of the general judgment lien.
The practical result for a judgment creditor is that reaching a debtor's promissory notes takes a different route than relying on the lien created by the judgment itself — some other collection method, separate from the automatic property-binding rule this article otherwise describes, is needed to get at that asset.
Frequently Asked Questions
What kind of asset does this section exempt from the general judgment-lien rule?
Promissory notes in the hands of the defendant in judgment.
Does this mean a judgment creditor can never reach a defendant's promissory notes?
This section only removes the automatic lien; it does not itself describe other collection methods available to a creditor for reaching notes held by the debtor.
How does this rule differ from the general rule that a judgment binds all of a defendant's property?
The general rule reaches both real and personal property broadly. This section singles out promissory notes as a specific category that falls outside that automatic binding effect.
Whose promissory notes does this section describe — notes the defendant owes, or notes owed to the defendant?
Notes in the defendant's hands as an asset — meaning notes payable to the defendant, which the defendant holds and could otherwise collect on — not obligations the defendant owes as the maker of a note.
What might a creditor need to do instead to reach promissory notes held by the debtor?
Pursue some other collection procedure aimed specifically at that asset, since the automatic lien this article otherwise creates does not extend to notes in the debtor's possession.
Amendment History
Orig. Code 1863, § 3501; Code 1868, § 3524; Code 1873, § 3582; Code 1882, § 3582; Civil Code 1895, § 5353; Code 1910, § 5948; Code 1933, § 110-509.
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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