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§ 9-13-4.Judge may frame executions

Chapter 13. Executions and Judicial Sales · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-13-4 authorizes the judge of any superior court to frame a writ of execution and have it issued by the clerk to carry out any lawful judgment or decree the court rendered.

Full Text of § 9-13-4

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The judge of any superior court may frame and cause to be issued by the clerk thereof any writ of execution to carry into effect any lawful judgment or decree rendered in his court.

Plain-English Summary

Executions ordinarily issue as a routine clerical act once judgment is entered; the clerk handles that step on the strength of the judgment alone. This section gives the superior court judge a further, standing power: the judge may personally frame the writ of execution needed to carry any lawful judgment or decree into effect.

The judge’s role is to draft or shape the execution so it matches the judgment or decree the court rendered. Once framed, the judge causes the clerk to issue it — the clerk still performs the act of issuance, but the judge has supplied its content. Nothing in the statute ties this power to the judgment being out of the ordinary; the judge may exercise it for any lawful judgment or decree, whether or not a standard execution form would have served just as well.

The power carries one boundary: it reaches only lawful judgments or decrees rendered in that judge’s own court. Within that boundary, framing the writ is an option the judge may use case by case, alongside the clerk’s ordinary process for issuing executions.

Frequently Asked Questions

Who has the authority to frame a writ of execution under this section?

The judge of any superior court, with respect to lawful judgments or decrees rendered in that judge’s own court.

Does the judge issue the execution directly?

No. The judge frames the execution and causes it to be issued by the clerk of the court, who still handles the act of issuance.

Does the judge need a special or unusual judgment to use this power?

No. The statute does not condition this power on the judgment being unusual or on a standard execution form falling short — the judge may frame the writ for any lawful judgment or decree rendered in the court.

Is this power limited to the judge’s own court?

Yes. The statute authorizes framing executions only for judgments or decrees rendered in that judge’s own court.

Does this section apply to unlawful or defective judgments?

No. It authorizes the judge to frame executions only to carry into effect a lawful judgment or decree.

Amendment History

Orig. Code 1863, § 3561; Code 1868, § 3584; Code 1873, § 3639; Code 1882, § 3639; Civil Code 1895, § 5420; Civil Code 1910, § 6025; Code 1933, § 39-105.

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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