§ 9-13-3.Execution to follow judgment
Chapter 13. Executions and Judicial Sales · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-13-3
Plain-English Summary
An execution is not a free-standing document — it is the judgment’s enforcement arm, and this section ties the two together. Every execution must follow the judgment upon which it issued, meaning its terms track what the judgment says rather than drifting from it.
The section singles out one piece of that tracking requirement: how the parties are described. The execution has to describe the parties to the underlying judgment the same way the judgment itself describes them. If the judgment names a party a certain way — including a business or partnership style, a point Code Section 9-13-33 confirms is valid — the execution should match that description rather than substituting a different name or form.
This matching requirement protects the defendant from being pursued under an execution that overstates, understates, or otherwise departs from what the judgment decided. It also gives the amendment provisions elsewhere in this article — Code Sections 9-13-5 and 9-13-6 — their reason for existing: when an execution drifts out of alignment with its judgment, those sections supply the mechanism to bring it back into conformity rather than leaving a mismatched execution in circulation.
Frequently Asked Questions
What does it mean for an execution to “follow” the judgment?
The execution’s terms must track the judgment it was issued on rather than departing from what the judgment awarded or decided.
Must the execution describe the parties exactly as the judgment does?
Yes. This section requires the execution to describe the parties as they are described in the judgment itself.
What happens if an execution does not match its judgment?
Code Sections 9-13-5 and 9-13-6 provide procedures for amending an execution so it conforms to the judgment or to an amended judgment.
Does this section allow an execution to use a partnership name for the parties?
It requires the execution to match the judgment’s own description, and Code Section 9-13-33 separately confirms that an execution using a partnership style instead of individual partners’ names is valid.
Why does Georgia require this kind of matching between judgment and execution?
Because the execution is the mechanism that enforces the judgment against specific property and specific parties, so it needs to track the judgment’s own terms to avoid enforcing something the judgment never awarded.
Amendment History
Orig. Code 1863, § 3558; Code 1868, § 3581; Code 1873, § 3636; Code 1882, § 3636; Civil Code 1895, § 5417; Civil Code 1910, § 6022; Code 1933, § 39-104.