(a) If the judge of the probate court, the sheriff, or other officer is unable to procure advertisements at the rate prescribed in Code Section 9-13-143 in a newspaper published at the county site of the county, he may have the advertisements published in any newspaper in this state having the largest general circulation in the county, provided that any paper published in the county shall be next entitled to the public advertisements and provided, further, that the rates shall be agreed upon.
§ 9-13-144.Alternate advertising when rates not agreed on
Chapter 13. Executions and Judicial Sales · Article 7. Judicial Sales · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-144 lets the judge of the probate court, sheriff, or other officer place a legal advertisement in the newspaper with the largest general circulation in the county when the county-site newspaper will not accept the rate set by Code Section 9-13-143, gives a paper published in the county first claim on that business once rates are agreed, and, if no newspaper will contract at the prescribed rates at all, requires posting the notice at the courthouse and in a public place in every militia district instead.
Full Text of § 9-13-144
(b) If contracts cannot be made with newspapers at the rates prescribed, then the sheriff and the judge of the probate court or other advertising officers shall post their advertisements at the courthouse and in a public place in each militia district in the county for the length of time required by law for advertising in newspapers.
Plain-English Summary
Code Section 9-13-143 sets a rate ceiling on legal advertising, but no newspaper has to accept it. This section supplies the fallback chain for what happens when the newspaper at the county site declines to publish at that rate.
Subsection (a) lets the officer turn to any newspaper in the state with the largest general circulation in the county, while preserving a preference for local publishing: a newspaper published within the county keeps the first right to the public advertising business, provided the rates are agreed upon. Subsection (b) addresses the harder case — no newspaper anywhere will contract at the statutory rates at all. In that situation, the sheriff, the probate judge, or other advertising officers must post the advertisement at the courthouse and at a public place in each militia district in the county, for as long as newspaper publication would otherwise have been required.
Frequently Asked Questions
What happens if the county-site newspaper won’t publish a legal ad at the statutory rate?
The officer may have the advertisement published in any newspaper in the state with the largest general circulation in the county.
Does a newspaper published inside the county get any preference under this section?
Yes. A newspaper published within the county is next entitled to the public advertisements, provided the rates are agreed upon.
What if no newspaper anywhere will accept the statutory rate?
The officer posts the advertisement at the courthouse and at a public place in each militia district in the county, for the length of time newspaper advertising would otherwise have required.
Does this section change the rates set by Code Section 9-13-143?
No. It supplies alternate ways to get the required notice published or posted when that rate can’t be arranged in print, without altering the rate itself.
Does posted notice at the courthouse have to run as long as newspaper publication would have?
Yes. The statute requires posting for the length of time required by law for advertising in newspapers.
Amendment History
Ga. L. 1878-79, p. 81, § 3; Code 1882, § 3704c; Civil Code 1895, § 5462; Ga. L. 1899, p. 40, § 1; Civil Code 1910, § 6067; Code 1933, § 39-1104.
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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