No constable, except as provided by this Code, shall be authorized to levy on any real estate unless there is no personal property to be found sufficient to satisfy the debt or unless the real estate, being in the possession of the defendant, was pointed out by the defendant. In such event the constable is authorized to levy on such real estate, if in his county, and to deliver over the execution to the sheriff of the county a return of the property levied upon; and the sheriff shall proceed to advertise and sell the same as in case of levies made by himself.
§ 9-13-53.When constable may levy on land; sale by sheriff
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. § 9-13-53 bars a constable from levying on real estate unless there is not enough personal property to satisfy the debt or the defendant himself points out the real estate, and requires the constable, once authorized to levy on land in his county, to turn the execution over to the sheriff, who advertises and sells it as he would his own levy.
Full Text of § 9-13-53
Plain-English Summary
A constable's authority to reach real estate is narrower than a sheriff's. This section starts from a prohibition: a constable may not levy on real estate at all unless one of two things is true — there is not enough personal property to be found to satisfy the debt, or the real estate, already in the defendant's possession, is pointed out by the defendant himself as property to be levied on.
When one of those conditions is met, the constable can levy on the real estate, provided it sits within his own county. But the constable does not carry the sale through personally. The statute requires him to deliver the execution over to the county sheriff, along with a return describing the property levied upon. From that point, the sheriff takes over — advertising and selling the property the same way the sheriff would handle a levy the sheriff made directly.
The arrangement reflects a division of labor between the two offices. Constables handle smaller-scale collection, typically against personal property, while sheriffs carry out the formal advertisement and sale process for real estate regardless of which officer initiated the levy.
Frequently Asked Questions
Can a constable levy on a defendant's real estate?
Only in limited circumstances. O.C.G.A. § 9-13-53 permits it when there is not enough personal property to satisfy the debt, or when the defendant himself points out real estate in his possession for the levy.
Does the constable also handle the advertisement and sale of the real estate?
No. Once authorized to levy, the constable delivers the execution and a return of the property to the sheriff of the county, who advertises and sells it.
Can a constable levy on land located outside his own county?
The section authorizes the constable to levy only on real estate in his own county before turning it over to the sheriff.
What happens if there is enough personal property to satisfy the debt?
Then the constable is not authorized to levy on real estate at all, unless the defendant has separately pointed out that real estate himself.
Why would a defendant want to point out his own real estate for levy?
The statute does not say, but doing so gives the constable a path to reach real estate that would otherwise be off-limits absent a shortage of personal property.
Amendment History
Orig. Code 1863, § 3574; Code 1868, § 3597; Code 1873, § 3645; Code 1882, § 3645; Civil Code 1895, § 5429; Civil Code 1910, § 6034; Code 1933, § 39-121.
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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