RulesofCivilProcedure.com Civil Procedure · Every State

§ 9-13-50.Designation by defendant of property to be levied on; when sheriff bound thereby

Chapter 13. Executions and Judicial Sales · Article 3. Property Against Which Execution Levied · Last amended 1933 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-13-50 lets a judgment debtor point out which of his own property the sheriff should take and sell first, binding the sheriff to that choice when it is enough to satisfy the judgment, but bars the sheriff from levying on property the debtor points out that belongs to someone else.

Full Text of § 9-13-50

Text sizeJump to: (a) (b)

(a) The defendant in execution shall be at liberty to point out what part of his property he may think proper to be levied on, which property the sheriff or other officer shall be bound to take and sell first if the same is, in the opinion of the levying officer, sufficient to satisfy the judgment and costs.
(b) When a defendant in execution shall point out property on which to levy the execution which is in the possession of a person not a party to the judgment from which the execution issued, the sheriff or other officer shall not levy thereon but shall proceed to levy on such property as may be found in the possession of the defendant.

Plain-English Summary

An execution does not hand the sheriff a blank check to seize whatever looks easiest to sell. Under subsection (a), the debtor gets first say: he may point out which part of his own property he wants taken and sold, and the sheriff must honor that choice and sell that property first, so long as the levying officer judges it enough to cover the judgment and costs. A debtor with land, equipment, and inventory can steer the sheriff toward the piece he can most afford to lose, rather than watching the officer pick for him.

That choice comes with a limit built into the same sentence. The sheriff is bound only when the designated property looks sufficient in the officer's own judgment. If it plainly falls short, the designation does not tie the sheriff's hands, and the officer can move on to other property of the debtor to make up the difference.

Subsection (b) closes a different gap. A debtor might try to point the sheriff toward property that is not his to give up — something sitting in the hands of a person who was never a party to the judgment. The sheriff must not levy on that property. Instead, the officer proceeds to levy on whatever property can be found in the debtor's own possession. The section protects the outside party from losing goods over a debt that was never theirs, and it keeps the debtor's designation right tied to property he controls.

Frequently Asked Questions

Can a judgment debtor choose which of his own property the sheriff seizes first?

Yes. O.C.G.A. § 9-13-50(a) lets the debtor point out property he thinks proper to be levied on, and the sheriff must take and sell that property first if the levying officer judges it sufficient to satisfy the judgment and costs.

What if the property the debtor points out is not enough to cover the debt?

The designation only binds the sheriff when the officer judges the property sufficient. If it is not, the sheriff is free to proceed against other property of the debtor to satisfy the balance.

Can a debtor point the sheriff toward property owned by someone else?

No. Subsection (b) bars the sheriff from levying on property the debtor designates that is in the possession of a person not a party to the judgment; the sheriff must levy instead on property found in the debtor's own possession.

Who decides whether the designated property is sufficient?

The levying officer — the sheriff or other officer executing the writ — makes that judgment call, not the debtor.

Does this section protect a third party whose property a debtor tries to hand over?

Yes. By directing the sheriff away from property held by a non-party and back toward the debtor's own holdings, the section keeps an outsider's goods out of the debtor's execution.

Amendment History

Laws 1811, Cobb’s 1851 Digest, p. 510; Code 1863, § 3570; Code 1868, § 3593; Code 1873, § 3641; Code 1882, § 3641; Civil Code 1895, § 5423; Civil Code 1910, § 6028; Code 1933, § 39-116.

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
Also known as: georgia debtor designate property for levywhich property sheriff must levy on first georgialevying on third party property georgia executiondefendant point out property to sheriff georgia