Executions issued in favor of or against partners, where the partnership style is used therein instead of the individual names of the persons composing the firm, shall be valid.
§ 9-13-33.Executions using partnership name valid
Chapter 13. Executions and Judicial Sales · Article 2. Parties in Execution · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-33 validates executions issued in favor of or against partners when the execution uses the partnership’s business name instead of the individual partners’ names.
Full Text of § 9-13-33
Plain-English Summary
Partnerships often operate, sue, and get sued under a business name rather than a list of individual partners. This section confirms that an execution can use that same shorthand without becoming invalid.
The rule covers executions issued both in favor of partners and against them. Either direction is valid when the partnership style — the business name the partnership operates under — is used in the execution in place of the individual names of the people who make up the firm.
This validation lines up with the matching requirement in Code Section 9-13-3, which requires an execution to describe the parties the same way the judgment describes them. If a judgment was entered using the partnership’s name, this section confirms that an execution following suit — using that same partnership style — is not defective just because it does not spell out each partner individually.
Frequently Asked Questions
Can an execution use a partnership’s business name instead of listing each partner?
Yes. This section validates executions that use the partnership style in place of the individual names of the partners.
Does this validation apply to executions in favor of partners as well as against them?
Yes. The statute covers executions issued in favor of or against partners.
How does this section relate to Code Section 9-13-3’s requirement that an execution match the judgment’s description of the parties?
It confirms that using the partnership style to describe the parties satisfies that matching requirement when the judgment itself used the partnership name.
What is meant by “partnership style” in this section?
The business or firm name the partnership operates under, as distinct from the individual names of the people composing the partnership.
Does this section require the execution to also list the individual partners’ names?
No. It validates the execution using the partnership style “instead of” the individual names, not in addition to them.
Amendment History
Orig. Code 1863, § 3495; Code 1868, § 3518; Code 1873, § 3576; Code 1882, § 3576; Civil Code 1895, § 5346; Civil Code 1910, § 5941; Code 1933, § 39-108.
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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