Except as otherwise provided by law, executions shall be issued by the clerk of the court in which judgment is obtained, shall bear teste in the name of the judge of such court, shall bear date from the time of their issuing, shall be directed “To all and singular the sheriffs of this state and their lawful deputies,” and may be levied on all the estate of the defendant, both real and personal, which is subject to levy and sale.
§ 9-13-10.Issuance of execution; to whom directed; on what property levied
Chapter 13. Executions and Judicial Sales · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-10 sets the default rules for issuing an execution — issued by the clerk of the rendering court, bearing teste in the judge’s name and dated from issuance, directed to all the state’s sheriffs and their deputies — and authorizes levy on all of the defendant’s real and personal estate subject to levy and sale.
Full Text of § 9-13-10
Plain-English Summary
This section supplies the template for an ordinary execution — who issues it, how it is dated and captioned, whom it is addressed to, and what property it reaches. Except where other law provides differently, these mechanics apply across the board.
The clerk of the court in which judgment was obtained issues the execution. It bears teste — the formal attestation clause — in the name of the judge of that court, and it bears date from the time it is issued. It is directed “To all and singular the sheriffs of this state and their lawful deputies,” a standard address that lets any sheriff in Georgia act on it rather than limiting enforcement to a single county’s officer.
On the substance of what the execution reaches, the section is broad: it may be levied on all the estate of the defendant, both real and personal, that is subject to levy and sale. That breadth is the default backdrop against which the more specific provisions elsewhere in this chapter — on what property is exempt, how particular kinds of property get levied, and how a defendant may direct which property is taken first — all operate.
Frequently Asked Questions
Who issues an execution under this section?
The clerk of the court in which the judgment was obtained, except as otherwise provided by law.
Whose name does the execution bear teste in?
The judge of the court in which the judgment was obtained.
To whom is a standard execution directed?
“To all and singular the sheriffs of this state and their lawful deputies,” allowing any sheriff in Georgia to act on it.
What property can be levied on under an execution issued this way?
All of the defendant’s estate, both real and personal, that is subject to levy and sale.
Does this section apply to every execution without exception?
No. It applies except as otherwise provided by law, leaving room for other Code sections to set different issuance rules for particular kinds of executions.
Amendment History
Laws 1799, Cobb’s 1851 Digest, p. 510; Code 1863, § 3553; Code 1868, § 3576; Code 1873, § 3632; Code 1882, § 3632; Civil Code 1895, § 5413; Civil Code 1910, § 6018; Code 1933, § 39-101.
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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