Whenever personal property is levied upon under any judicial process from the courts of this state and a forthcoming bond is given for the same, the measure of damages to be recovered upon the bond shall be the value of the property at the time of its delivery under the bond, with interest thereon; and, if the property deteriorates in value by reason of being used by the person giving the bond or otherwise and is then delivered to the officer making the seizure, the officer or the plaintiff in execution may recover on the bond the difference between the value at the time of the delivery of the property under the bond and its value when turned over to the officer making the levy, with interest thereon. The amount of damages shall in no case exceed the amount due on the execution levied.
§ 9-13-15.Measure of damages on forthcoming bond
Chapter 13. Executions and Judicial Sales · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-15 fixes damages on a forthcoming bond at the property’s value when delivered under the bond plus interest, adds any deterioration in value with interest if the property lost value before being turned over to the levying officer, and caps total damages at the amount due on the execution.
Full Text of § 9-13-15
Plain-English Summary
A forthcoming bond lets a defendant keep levied personal property temporarily by promising to produce it later. If the defendant breaks that promise or returns damaged property, this section sets the formula for what the officer or plaintiff can recover on the bond.
The baseline measure of damages is the property’s value at the time it was delivered under the bond, with interest added from that point. That figure represents what the property was worth when the defendant took custody of it — the benchmark against which any later shortfall gets measured.
If the property comes back in worse shape — deteriorated because the person who gave the bond used it, or for any other reason — before being handed back to the officer who made the seizure, the recovery grows. The officer or the plaintiff in execution may then recover the difference between the property’s value at delivery under the bond and its value when it was turned back over, again with interest on that difference. Whatever the total comes to under either measure, the statute caps it: damages can never exceed the amount due on the execution that was levied.
Frequently Asked Questions
What is the baseline measure of damages on a forthcoming bond?
The value of the property at the time it was delivered under the bond, plus interest on that value.
What happens if the property loses value while in the defendant’s hands?
The officer or plaintiff in execution may recover the difference between the property’s value at delivery and its value when turned back over, with interest on that difference.
Is there a ceiling on the damages recoverable under this section?
Yes. Damages can never exceed the amount due on the execution that was levied, regardless of how the deterioration is calculated.
Does it matter why the property deteriorated?
No. The statute covers deterioration from the bond-giver’s use of the property or otherwise, without requiring proof of a specific cause.
Who may recover damages under this section?
The officer who made the seizure, or the plaintiff in execution.
Amendment History
Ga. L. 1893, p. 123, § 1; Civil Code 1895, § 5438; Civil Code 1910, § 6043; Code 1933, § 39-304.
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: measure of damages forthcoming bond georgiaforthcoming bond deterioration damages georgiavalue of property at delivery under bondcap on damages execution bond georgia