Any person who fraudulently causes any process, attachment, distress, or execution to be levied on any estrayed animal, lot of land, or other property, knowing that the same is not subject to the process or writ, shall, for the first offense, be guilty of a misdemeanor. For any subsequent conviction, the person shall be sentenced to confinement for not less than two nor more than four years.
§ 9-13-16.Penalty for fraudulent levy
Chapter 13. Executions and Judicial Sales · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-16 makes it a misdemeanor to fraudulently cause process, attachment, distress, or execution to be levied on property known not to be subject to it, with a subsequent conviction punishable by two to four years’ confinement.
Full Text of § 9-13-16
Plain-English Summary
Most of this chapter deals with the mechanics of a proper levy. This section deals with an improper one — a levy made fraudulently, on property the person causing it already knows is not subject to the process being used.
The prohibited conduct is fraudulently causing process, attachment, distress, or execution to be levied on an estrayed animal, a lot of land, or other property, while knowing that the property is not subject to that process or writ. The knowledge element matters: this is not a section aimed at honest mistakes about what property a levy could reach, but at levies engineered by someone who already knows the property does not qualify.
The penalty escalates with repetition. A first offense is a misdemeanor. Any subsequent conviction carries a felony-level sentence — confinement for not less than two years and not more than four years. The jump from misdemeanor to a multi-year confinement range signals how seriously Georgia treats a repeat abuse of the levy process.
Frequently Asked Questions
What conduct does this section punish?
Fraudulently causing process, attachment, distress, or execution to be levied on property — including an estrayed animal or a lot of land — while knowing the property is not subject to that process or writ.
Does a mistaken levy on the wrong property violate this section?
No. The section requires knowledge that the property is not subject to the process, so a levy made in good-faith error does not fit its terms.
What is the penalty for a first offense?
The first offense is a misdemeanor.
What is the penalty for a subsequent conviction?
Confinement for not less than two years nor more than four years.
Does this section apply only to executions?
No. It reaches fraudulent levies made under process, attachment, distress, or execution generally.
Amendment History
Laws 1837, Cobb’s 1851 Digest, pp. 849, 850; Code 1863, § 4333; Ga. L. 1865-66, p. 233, § 14; Code 1868, § 4369; Code 1873, § 4436; Code 1882, § 4436; Penal Code 1895, § 218; Penal Code 1910, § 215; Code 1933, § 39-9901.
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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