§ 9-12-93.When purchased property discharged from lien
Chapter 12. Verdict and Judgment · Article 4. Judgment Liens · Last amended 1994 · Last verified July 17, 2026
Full Text of § 9-12-93
Plain-English Summary
Judgment liens do not follow property forever without limit. This section gives a bona fide purchaser for value — someone who paid real consideration for the property rather than receiving it as a gift or through a sham transaction — a way to free that property from the lien of a judgment entered against the person who sold it, or against an earlier owner in the chain of title. The purchaser qualifies by holding real property for four years, or personal property for two years.
Extending the protection to purchases traced through a "predecessor in title," not just a direct purchase from the judgment debtor, matters because property often changes hands more than once before the lien question ever comes up. A purchaser who bought from someone who had themselves bought from the original judgment debtor can still claim the discharge, as long as the purchase was bona fide and for value and the holding period has run.
The section's closing sentence draws a careful boundary: discharging the property from the lien does not touch the judgment's own validity or enforceability in any other respect. The judgment remains a live, collectible debt against the original judgment debtor; only that particular piece of property is freed from standing as collateral for it.
Frequently Asked Questions
How long must a bona fide purchaser possess real property to have it discharged from a judgment lien under this section?
Four years.
How long must a bona fide purchaser possess personal property for the same protection?
Two years.
What does "bona fide and for a valuable consideration" require of the purchase?
It requires a real, paid-for purchase rather than a gift, sham transfer, or transaction the purchaser knew was designed to defeat the judgment creditor's rights.
Does this section protect property purchased from someone earlier in the chain of title, not just directly from the judgment debtor?
Yes. The discharge applies to property purchased from the person against whom the judgment was entered or from any predecessor in title, as long as the purchase was bona fide and for value and the holding period is met.
Does discharging the property from the lien cancel the underlying judgment itself?
No. The statute is explicit that nothing in this section affects the validity or enforceability of the judgment in any other respect — only the specific property is discharged from the judgment's lien.
Amendment History
Laws 1822, Cobb’s 1851 Digest, p. 497.; Ga. L. 1851-52, p. 238, § 1; Code 1863, § 3502; Code 1868, § 3525; Code 1873, § 3583; Code 1882, § 3583; Civil Code 1895, § 5355; Civil Code 1910, § 5950; Code 1933, § 110-511; Ga. L. 1994, p. 310, § 1.