(a) In all cases of levying on land, written notice of the levy must be given personally or delivered by certified mail or statutory overnight delivery to the tenant in possession and to the defendant if not in possession.
§ 9-13-13.Written notice of levy on land
Chapter 13. Executions and Judicial Sales · Article 1. General Provisions · Last amended 2000 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-13 requires written notice of a levy on land, given personally or by certified mail or statutory overnight delivery, to the tenant in possession and, if the defendant is not in possession, to the defendant, with the levying officer required to leave or mail that notice within five days of the levy.
Full Text of § 9-13-13
(b) The officer levying on land under an execution, within five days thereafter, shall leave a written notice of the levy with the tenant in possession of the land, if any; and, if the defendant is not in possession, the officer shall also leave a written notice with the defendant if he is in the county or shall transmit the notice by mail to the defendant within the time aforesaid.
Plain-English Summary
Levying on land affects people who may not be watching the courthouse docket — a tenant living on the property, or a defendant who has moved elsewhere. This section makes sure they find out directly rather than through the advertisement that will eventually announce a sale.
Subsection (a) sets the baseline: written notice of the levy must go to the tenant in possession, and, if the defendant is not in possession, to the defendant as well. That notice can be delivered personally, by certified mail, or by statutory overnight delivery — three methods, any one of which satisfies the requirement.
Subsection (b) adds the timing and a mailing fallback. The officer levying on the land has five days after the levy to leave written notice with the tenant in possession, if there is one. If the defendant is not in possession, the officer must also leave written notice with the defendant if the defendant is in the county, or otherwise transmit the notice by mail within that same five-day window. Between the two subsections, the section ensures that both the person living on the land and the defendant who owns it — when different people — get timely, direct word that a levy has occurred.
Frequently Asked Questions
Who must receive written notice when land is levied on?
The tenant in possession of the land, and, if the defendant is not in possession, the defendant as well.
How can this notice be delivered?
Personally, by certified mail, or by statutory overnight delivery, under subsection (a).
How much time does the officer have to give this notice?
Five days after the levy, under subsection (b).
What if the defendant is not in possession and not in the county?
The officer transmits the notice to the defendant by mail within the same five-day period, rather than leaving it in person.
Does this notice requirement apply to levies on personal property?
No. This section addresses written notice specifically for levies on land.
Amendment History
Laws 1808, Cobb’s 1851 Digest, p. 509.; Laws 1847, Cobb’s 1851 Digest, p. 516.; Code 1863, §§ 3572, 3573; Code 1868, §§ 3595, 3596; Code 1873, §§ 3643, 3644; Code 1882, §§ 3643, 3644; Civil Code 1895, §§ 5426, 5428; Civil Code 1910, §§ 6031, 6033; Code 1933, §§ 39-120, 39-122; Ga. L. 1990, p. 298, § 1; Ga. L. 2000, p. 1589, § 3.
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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