Whenever a claim of property is made in terms of this article and is returned to the proper court by the sheriff or other levying officer, the claimant shall not be permitted to withdraw or discontinue his claim more than once without the consent of the plaintiff in execution or some person duly authorized to represent the plaintiff; rather, the court shall proceed to the trial of the claim of the property and it shall be the duty of the jury to assess damages accordingly.
§ 9-13-103.Withdrawal or discontinuance of claim limited
Chapter 13. Executions and Judicial Sales · Article 5. Claims · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-103 lets a claimant withdraw or discontinue a filed claim only once without the plaintiff’s consent; a second attempt forces the case to trial, with the jury still assessing damages accordingly.
Full Text of § 9-13-103
Plain-English Summary
A claim halts a sheriff’s sale the moment it is filed, which makes it a tempting tool for a defendant’s ally to abuse: file a claim, let the sale get postponed, withdraw at the last minute, then file again to restart the delay. This section closes that loophole.
Once a claim has been made under this article and returned to the proper court, the claimant gets one withdrawal or discontinuance without needing anyone’s permission. A second attempt to withdraw or discontinue the same claim requires the consent of the plaintiff in execution, or of someone duly authorized to represent the plaintiff.
Without that consent, the case does not disappear. The court proceeds to trial on the claim regardless, and the jury still has the duty to assess damages accordingly — carrying forward the same delay-damages framework that runs through Code Sections 9-13-101 and 9-13-104, now applied to a claimant whose own conduct has already shown a pattern of stalling.
Frequently Asked Questions
Can a claimant withdraw a property claim after filing it?
Yes, at least once. The statute allows one withdrawal or discontinuance without needing the plaintiff’s consent.
Is there a limit on how many times a claim can be withdrawn?
Yes. The claimant may not withdraw or discontinue the claim more than once without the plaintiff’s consent.
What happens if the claimant tries to withdraw a second time without consent?
The withdrawal is not permitted, and the court proceeds to trial on the claim, with the jury still assessing damages.
Whose consent is needed for a second withdrawal?
The plaintiff in execution’s consent, or the consent of someone duly authorized to represent the plaintiff.
Why does Georgia limit repeated withdrawals of a claim?
Because each filed claim postpones the sale, so unlimited withdrawals and refilings could be used to delay collection indefinitely rather than to resolve a genuine ownership dispute.
Amendment History
Laws 1821, Cobb’s 1851 Digest, p. 533; Code 1863, § 3663; Code 1868, § 3687; Code 1873, § 3740; Code 1882, § 3740; Civil Code 1895, § 4625; Civil Code 1910, § 5171; Code 1933, § 39-905.
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
Also known as: georgia withdraw claim to propertydiscontinuance of claim limited georgiarepeated claim withdrawal execution georgiaplaintiff consent second withdrawal claim