§ 9-13-161.1.Holding of sales of personal property at place other than courthouse; advertisement of general order as to sale location
Chapter 13. Executions and Judicial Sales · Article 7. Judicial Sales · Last amended 1992 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-161.1 lets the chief judge of the superior court in any Georgia county with a population of 600,000 or more move sheriff’s sales of personal property away from the courthouse, by general order published in the official newspaper and two other newspapers of general circulation and entered on the court’s minutes, when courthouse-door sales would create a traffic hazard or endanger the public, while requiring the sale to occur exactly where advertised and leaving every other sheriff’s-sale rule untouched.
(a)In any county of this state having a population of 600,000 or more according to the United States decennial census of 1990 or any future such census, the chief judge of the superior court shall be authorized and empowered to provide, by general order published in the official newspaper of the county and also in two other newspapers having general circulation in such county and entered upon the minutes of the court, that all sales of personal property by the sheriff of such county may be held at a place other than at the courthouse where, in the opinion of the chief judge, the holding of such sales before the courthouse door would create an undue traffic hazard or unnecessarily endanger the person or property of persons using the public streets.
(b)No such property shall be sold at a place different from that shown in the advertisement of the sale.
(c)After the issuance of the first general order as provided in subsection (a) of this Code section, the chief judge may from time to time change the place of holding such sales by another general order published as provided in subsection (a) of this Code section.
(d)This Code section shall be supplemental to other provisions of law, with a view towards efficient and orderly handling of sheriff’s sales.
(e)Nothing in this Code section shall be construed to affect the time, manner, or place of any sale not made by the sheriff but required to be made at the same time, manner, or place as sheriff’s sales.
Plain-English Summary
This section runs alongside Code Section 9-13-161(c) but is narrower and more demanding in two ways: it applies only in Georgia’s most populous counties — those with 600,000 or more residents under the 1990 census or any later census — and it reaches only sales of personal property by the sheriff, not real estate.
The mechanics differ from subsection (c)’s general rule as well. Here, it is the chief judge of the superior court, not the presiding judge, who may relocate the sale, and the general order has to run not just in the county’s official newspaper but in two additional newspapers with general circulation in the county, all entered on the court’s minutes. Once issued, the chief judge may revise the location again later through another general order following the same publication requirements. As with the general rule, the property still must be sold at whatever location the advertisement stated.
The closing subsections mark this as a supplemental tool rather than a wholesale replacement for existing law, aimed at handling sheriff’s sales efficiently and in an orderly way in the state’s largest counties, and they preserve the timing, manner, and place of any sale that is not made by the sheriff but is otherwise required to follow sheriff’s-sale procedure — a chief judge’s order under this section does not reach those.
Frequently Asked Questions
Which Georgia counties does this section apply to?
Counties with a population of 600,000 or more under the 1990 United States decennial census or any future such census.
Who has authority to move the sale location under this section?
The chief judge of the superior court — not the sheriff and not the probate judge.
Does this section cover sales of real estate as well as personal property?
By its terms, subsection (a) addresses sales of personal property by the sheriff.
How must the chief judge’s relocation order be publicized?
Published in the county’s official newspaper and in two other newspapers with general circulation in the county, and entered on the court’s minutes.
Does this section affect sales conducted by someone other than the sheriff?
No. Subsection (e) states that it does not affect the time, manner, or place of a sale not made by the sheriff but required to be made at the same time, manner, or place as a sheriff’s sale.
Amendment History
Ga. L. 1965, p. 3260, §§ 1-5; Code 1981, § 9-13-161.1, enacted by Ga. L. 1982, p. 2107, § 3; Ga. L. 1992, p. 1229, § 1.
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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