§ 9-13-5.Amendment of execution — To conform to judgment or time of return
Chapter 13. Executions and Judicial Sales · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-13-5
Plain-English Summary
A writ of fieri facias — the standard execution for collecting a money judgment out of a defendant’s property — can drift from its judgment through clerical slip or changed circumstances involving the return date. This section supplies a fix: the writ may be amended to bring it back into line with the judgment and with the time set for its return.
What makes the amendment power useful is the protection built around it. The statute states plainly that amending the writ this way does not affect its validity, and — just as important — does not cause a levy already made under the writ to fall or be invalidated. Without that protection, correcting a technical defect could unravel enforcement steps already taken; with it, the amendment repairs the writ without resetting the clock on work already done.
This section works alongside Code Section 9-13-6, which handles the related situation where the underlying judgment itself has been amended. Read together, the two sections give clerks and courts the tools to keep an execution aligned with its judgment at any stage, without treating every correction as a reason to start the levy process over.
Frequently Asked Questions
What is a writ of fieri facias?
It is the standard form of execution used to collect a money judgment out of the defendant’s property — the writ this section allows a court to amend.
What can this kind of amendment fix?
The writ may be amended to conform to the judgment it was issued on and to the time set for its return.
Does amending the writ affect its validity?
No. The statute states that such amendments shall in no manner affect the validity of the writ of fieri facias.
Does an amendment undo a levy already made under the writ?
No. The section specifically provides that the levy shall not fall or be invalidated by the amendment.
How does this section differ from Code Section 9-13-6?
This section addresses amending the execution itself to match its judgment or return date, while Code Section 9-13-6 addresses amending an execution after the underlying judgment has been amended.
Amendment History
Orig. Code 1863, § 3425; Code 1868, § 3445; Code 1873, § 3495; Code 1882, § 3495; Ga. L. 1890-91, p. 76, § 1; Civil Code 1895, § 5114; Civil Code 1910, § 5698; Code 1933, § 39-109.