No sheriff or deputy sheriff shall be required to advertise the property of any defendant in execution for sale until the cost of the advertisement shall have been first paid by the plaintiff in execution, his agent, or his attorney, provided that when any such party plaintiff, or his agent or attorney for him, shall make and file an affidavit in writing that because of his indigence he is unable to pay such cost, it shall be the duty of the sheriff or his deputy to proceed as required by law.
§ 9-13-145.Advertising costs paid in advance; exception when affidavit of indigence filed
Chapter 13. Executions and Judicial Sales · Article 7. Judicial Sales · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-145 excuses a sheriff or deputy sheriff from advertising a defendant’s property for sale until the plaintiff, the plaintiff’s agent, or the plaintiff’s attorney prepays the cost of the advertisement, unless that party files a written affidavit of indigence, in which case the sheriff must proceed with the advertisement regardless.
Full Text of § 9-13-145
Plain-English Summary
Running an advertisement under Code Sections 9-13-140 and 9-13-143 costs money, and Georgia does not make the county or the sheriff front that cost. This section lets the sheriff or deputy sheriff hold off on advertising a defendant’s property until the plaintiff — or the plaintiff’s agent or attorney — pays the advertising cost up front.
The indigence affidavit flips that default. When the plaintiff, or someone acting for the plaintiff, files a written affidavit swearing that indigence makes prepayment impossible, the sheriff or deputy loses the option to wait and must proceed as required by law. That protects a judgment creditor’s ability to enforce a valid judgment from turning entirely on whether that party can front cash for an advertisement, without erasing the advertising cost itself, which remains part of what the execution ultimately has to cover.
Frequently Asked Questions
Must a plaintiff pay for the sale advertisement before the sheriff will run it?
Ordinarily yes — the cost of the advertisement must be paid first by the plaintiff in execution, the plaintiff’s agent, or the plaintiff’s attorney.
What if the plaintiff cannot afford to prepay the advertising cost?
The plaintiff, or an agent or attorney acting for the plaintiff, can file a written affidavit of indigence, and the sheriff or deputy must then proceed with the advertisement as required by law.
Who can file the affidavit of indigence?
The plaintiff, or the plaintiff’s agent or attorney on the plaintiff’s behalf.
Does this section name coroners or other levying officers, or only sheriffs?
The text names the sheriff and deputy sheriff specifically, unlike Code Section 9-13-140, which speaks more broadly of the sheriff, coroner, or other officer.
Does filing the indigence affidavit erase the advertising cost from the case?
No. This section addresses only when the sheriff must act despite nonpayment, not the ultimate allocation of advertising costs as part of the execution.
Amendment History
Ga. L. 1872, p. 42, § 1; Code 1873, § 3649; Code 1882, § 3649; Civil Code 1895, § 5459; Civil Code 1910, § 6064; Code 1933, § 39-1106.
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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