Any sheriff, coroner, constable, tax collector, guardian, trustee, or any other officer of this state, when selling property at public sale by virtue of any law of this state, may continue the sale from day to day until the sale is completed, provided that the trustee or other officer has given notice of the intended continuance in the advertisement of the sale.
§ 9-13-162.Continuance of sale from day to day
Chapter 13. Executions and Judicial Sales · Article 7. Judicial Sales · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-162 lets a sheriff, coroner, constable, tax collector, guardian, trustee, or other officer conducting a public sale continue it from day to day until completed, provided the advertisement of the sale gave notice that a continuance might happen.
Full Text of § 9-13-162
Plain-English Summary
Code Section 9-13-160 confines a public sale to a single ten-a.m.-to-four-p.m. window, which will not always be enough time to sell everything on the docket — multiple parcels, heavy bidder turnout, or a long list of levied items can all outrun a single day. This section gives the officer a way to keep going the next day instead of leaving the sale unfinished.
The option is discretionary, not required, and it comes with a condition attached at the front end: the officer can only carry the sale over to a later day if the original advertisement already gave notice that a continuance might happen. An officer who says nothing about a possible continuance in the advertisement has not satisfied that condition, whatever the reason for running out of time. Each continued day would still fall within the same 10:00 a.m. to 4:00 p.m. window that governs public sales generally.
Frequently Asked Questions
Can a Georgia public sale run past the hours allowed in a single day?
Not within one day, but the officer may instead continue the sale to a following day rather than finishing everything at once.
Is continuing a sale to the next day automatic once the hours run out?
No. The statute makes it discretionary, using “may,” not a required step.
What has to happen before an officer can continue a sale to a later day?
The advertisement of the sale must already have given notice that the officer might continue it from day to day.
Which officers can use this continuance option?
Sheriffs, coroners, constables, tax collectors, guardians, trustees, and other officers selling property at public sale under Georgia law.
What if the advertisement said nothing about a possible continuance?
The statute conditions the continuance on that advance notice appearing in the advertisement, so an officer who omitted it has not met this section’s requirement.
Amendment History
Ga. L. 1851-52, p. 242, § 1; Code 1882, § 3646a; Civil Code 1895, § 5456; Civil Code 1910, § 6061; Code 1933, § 39-1202.
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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