When an execution is levied on personal property and an affidavit of illegality is filed thereto and the party filing the illegality desires to take or keep possession of the property, he shall deliver to the sheriff or other levying officer a bond payable to the levying officer, with good security in a sum equal to double the value of the property so levied upon, to be judged of by the levying officer, conditioned for the delivery of the property levied upon at the time and place of sale in the event that the illegality is dismissed by the court or withdrawn, which bond shall be recoverable in any court having cognizance thereof.
§ 9-13-126.Amount and condition of forthcoming bond
Chapter 13. Executions and Judicial Sales · Article 6. Illegality · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-126 requires a defendant who wants to take or keep possession of personal property levied on and challenged by affidavit of illegality to deliver a bond, payable to the levying officer, with good security in double the property’s value, conditioned on producing the property at the time and place of sale if the illegality is dismissed or withdrawn.
Full Text of § 9-13-126
Plain-English Summary
This section fills in the bond terms that O.C.G.A. § 9-13-120 refers to but does not itself spell out, at least for the situation where the defendant wants to hold on to the levied property while the illegality is pending. It applies when the execution is levied on personal property, an affidavit of illegality has been filed, and the person filing it wants to take or keep possession rather than leave the property in the levying officer’s custody.
The bond has to be substantial. It runs to double the property’s value, as the levying officer judges that value, and it must be backed by good security — not merely the defendant’s own promise. The condition attached to the bond is equally direct: if the illegality is later dismissed by the court or withdrawn by the defendant, the property must be delivered at the time and place set for the sale. The bond exists to guarantee that outcome.
Because the bond is “recoverable in any court having cognizance thereof,” a broken promise to deliver the property does not require restarting the illegality proceeding itself. The plaintiff can pursue the bond as its own enforceable obligation, in whatever court has jurisdiction to hear it.
Frequently Asked Questions
When is this bond required?
When personal property has been levied on, an affidavit of illegality has been filed, and the person filing it wants to take or keep possession of the property while the illegality is pending.
How much must the bond cover?
Good security in a sum equal to double the value of the levied property, with that value judged by the levying officer.
What is the bond’s condition?
That the property will be delivered at the time and place of sale if the illegality is later dismissed by the court or withdrawn by the defendant.
What happens if the defendant fails to deliver the property as the bond requires?
The bond becomes recoverable in any court having jurisdiction over it, giving the plaintiff a direct remedy against the bond itself.
Does this bond requirement apply to real property under levy?
This section addresses execution levied on personal property specifically, and applies only when the person filing the illegality wants to take or keep possession of that property.
Amendment History
Orig. Code 1863, § 3598; Code 1868, § 3622; Code 1873, § 3672; Code 1882, § 3672; Civil Code 1895, § 5435; Civil Code 1910, § 6040; Code 1933, § 39-301.
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 affidavit of illegality forthcoming bonddouble value bond illegality georgiabond to keep possession of levied property georgia