§ 9-13-124.Affidavit of illegality — When received

This section enforces a timing rule already implicit in O.C.G.A. § 9-13-120: the affidavit of illegality answers a levy, not a mere threat of one. No sheriff or other executing officer may accept the affidavit before a levy has occurred.

The rule keeps the remedy tied to its purpose. An affidavit of illegality suspends proceedings on a specific execution that has already reached specific property, and it comes bundled with a bond covering that property’s forthcoming. None of that machinery has anything to act on until a levy has happened. A defendant who objects to an execution before any levy has other avenues, but this article’s affidavit procedure is not one of them until the officer has levied.

Because the statute is directed at the officer — “no affidavit of illegality shall be received” — it functions as a gatekeeping instruction. An officer who is handed an affidavit before any levy has occurred is not authorized to accept it under this article.