All executions, orders, decrees, attachments for contempt, and final process issued by the clerks of the courts in favor of or against any sheriff shall be directed to the coroner of the county in which the sheriff resides and to all and singular the sheriffs of the state, except the sheriff of the county in which the interested sheriff resides, and may be levied, served, and returned by the coroner, other sheriff, or constable of the county at the option of the plaintiff or the party seeking the remedy.
§ 9-13-11.Direction, levy, service, and return of execution when sheriff a party
Chapter 13. Executions and Judicial Sales · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-11 requires executions, orders, decrees, contempt attachments, and final process for or against a sheriff to be directed to the county coroner and to all other sheriffs statewide, and lets the coroner, another sheriff, or a constable levy, serve, and return it at the plaintiff’s or moving party’s option.
Full Text of § 9-13-11
Plain-English Summary
The default direction in Code Section 9-13-10 sends an execution to the sheriffs of the state generally, but that default runs into an obvious conflict when the sheriff is the one who is a party to the case. This section supplies the workaround.
When a sheriff is the party in whose favor or against whom an execution, order, decree, contempt attachment, or final process has been issued, the direction changes: the process goes to the coroner of the county where that sheriff resides, and to all the sheriffs of the state except the sheriff of the county where the interested sheriff resides. That exclusion is the point — the officer with a personal stake in the outcome is cut out of the routing, while everyone else, plus the coroner, remains available to act.
Execution of the process is likewise flexible: the coroner, another sheriff, or a constable of the county may levy, serve, and return it. The choice among those officers belongs to the plaintiff or the party seeking the remedy, not to the officers themselves — giving the party pursuing the process control over which available official carries it out.
Frequently Asked Questions
Why does this section exist instead of applying the general rule in Code Section 9-13-10?
Because directing process to “all the sheriffs of the state” does not work cleanly when a sheriff is a party to the case, so this section routes around the interested sheriff’s county.
Who receives the process instead of the sheriff of the interested county?
The coroner of the county in which the interested sheriff resides, along with all other sheriffs of the state except that county’s sheriff.
Which officers can levy, serve, and return this kind of process?
The coroner, another sheriff, or a constable of the county.
Who chooses which officer carries out the process?
The plaintiff, or the party seeking the remedy, at that party’s option.
Does this section apply only to executions?
No. It covers executions, orders, decrees, attachments for contempt, and final process issued in favor of or against a sheriff.
Amendment History
Laws 1847, Cobb’s 1851 Digest, p. 517.; Code 1863, § 3554; Code 1868, § 3577; Code 1873, § 3633; Code 1882, § 3633; Civil Code 1895, § 5414; Civil Code 1910, § 6019; Code 1933, § 39-114.
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: execution against sheriff georgiacoroner execution when sheriff is a partygeorgia process directed to coronerlevy by constable when sheriff a party