The plaintiff in execution in all claim cases shall have the right to withdraw the original execution from the files of the court by making application therefor, in person or by attorney, to the clerk of the court if there is a clerk or to the court if there is no clerk. Upon application being made, the clerk or court shall make a true copy of the execution with all the entries thereon and shall certify the same to be true, which certified copy shall be filed with the claim papers in lieu of the original execution; and an entry of the filing shall be made thereon.
§ 9-13-106.Withdrawal of original execution and filing of copy
Chapter 13. Executions and Judicial Sales · Article 5. Claims · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-106 gives the plaintiff in execution the right to pull the original execution from the court file in any claim case by applying to the clerk, or the court if there is no clerk, who must replace it with a certified true copy bearing all the original entries.
Full Text of § 9-13-106
Plain-English Summary
A claim case can tie up an execution for a long stretch while the ownership dispute plays out, but the plaintiff may need that same execution document for other purposes in the meantime — pursuing other property, or other proceedings entirely. This section lets the plaintiff retrieve the original without disrupting the claim file.
The plaintiff in execution, in person or through an attorney, applies to the clerk of the court, or to the court itself if there is no clerk. Upon that application, the clerk or the court must make a true copy of the execution, including all the entries already made on it, and certify that copy as true.
That certified copy then takes the original’s place in the claim file — it is filed with the claim papers in lieu of the original execution, and an entry recording the filing is made on it. The claim case proceeds on the strength of the certified copy exactly as it would have with the original in hand, while the plaintiff keeps the actual execution free for use elsewhere.
Frequently Asked Questions
Can a plaintiff get the original execution back while a claim case is pending?
Yes. This section gives the plaintiff in execution the right to withdraw the original execution from the court’s files in any claim case.
Who does the plaintiff apply to for the withdrawal?
The clerk of the court, or the court itself if there is no clerk, and the application may be made in person or through an attorney.
What replaces the original execution in the court file?
A certified true copy of the execution, made by the clerk or the court, which is filed with the claim papers in its place.
Does the copy carry the same entries as the original?
Yes. The clerk or court must make a true copy of the execution with all the entries already made on it, and certify that copy as true.
Is there a record made of the withdrawal and substitution?
Yes. An entry of the filing of the certified copy is made on it, documenting the substitution in the claim file.
Amendment History
Ga. L. 1887, p. 62, § 1; Civil Code 1895, § 4629; Civil Code 1910, § 5175; Code 1933, § 39-909.
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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