The court to which a claim is returned shall cause the right of property to be decided by a jury at the first term thereof, unless continued in the same manner as other cases.
§ 9-13-100.Claim to be tried by jury
Chapter 13. Executions and Judicial Sales · Article 5. Claims · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-100 requires the court receiving a property claim to have a jury decide the right of property at its first term, unless the case is continued the same way any other case would be.
Full Text of § 9-13-100
Plain-English Summary
Once a claim reaches the proper court under Code Section 9-13-98 or 9-13-99, this section sets the default pace for resolving it: a jury, at the first term. The right of property — who owns, or has the superior right to, the levied item — is not a question left to the judge alone.
“First term” means the trial is not supposed to linger. The claim procedure exists to answer a discrete, time-sensitive question quickly, so the sale can either go forward or be cleared, rather than leaving property tied up in postponement for an extended stretch.
That said, the first-term trial is a default, not an absolute deadline. The statute allows the case to be continued in the same manner as other cases, so ordinary continuance practice — for good cause, by agreement, or under the court’s general docket-management authority — can push the trial past the first term without violating this section.
Frequently Asked Questions
Must a claim case be decided by a jury?
Yes. The statute directs the court to cause the right of property to be decided by a jury.
When is the trial supposed to happen?
At the first term of the court to which the claim was returned, as the default timeline.
Can the trial be delayed past the first term?
Yes. The claim may be continued in the same manner as other cases, so ordinary continuance rules apply.
What does “right of property” mean in this context?
The underlying question of who owns, or has the superior claim to, the property that was levied on — the core issue the jury decides.
Does the Civil Practice Act’s general right to a jury trial add anything here?
This section already makes a jury trial mandatory for the right-of-property question in a claim case, independent of the general right to a jury trial found elsewhere in the Code.
Amendment History
Laws 1821, Cobb’s 1851 Digest, pp. 532, 533; Code 1863, § 3660; Code 1868, § 3684; Code 1873, § 3737; Code 1882, § 3737; Civil Code 1895, § 4622; Civil Code 1910, § 5168; Code 1933, § 39-902.
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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