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§ 9-13-58.Corporation’s disclosure of worth of defendant’s shares mandated; refusal treated as contempt

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. § 9-13-58 requires a bank or corporation officer, on demand of a levying officer holding an execution against a shareholder, to disclose the number and par value of that shareholder's shares, and treats a refusal to disclose as contempt of court, punishable accordingly.

Full Text of § 9-13-58

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Upon demand by any sheriff, constable, or other levying officer having in his hands any execution against any person who is the owner of any shares of stock of a bank or corporation upon the president, superintendent, manager, or other officer having access to the books of the bank or corporation, the president, superintendent, manager, or other officer aforesaid shall disclose to the levying officer the number of shares and the par value thereof owned by the defendant in execution and, on refusal to do so, shall be considered in contempt of court and punished accordingly.

Plain-English Summary

Shares of stock do not carry a price tag the way a car or a piece of furniture does, and a sheriff cannot always tell from the outside how much of a corporation's stock a defendant owns. This section builds a disclosure duty to close that gap. When a sheriff, constable, or other levying officer holding an execution against a shareholder demands information from the president, superintendent, manager, or other officer with access to the corporation's books, that officer has to disclose the number of shares the defendant owns and the par value of those shares.

Par value is not the same thing as market value — it is the nominal figure fixed when the shares were issued, which may sit far below (or occasionally above) what the shares would fetch on the market. The disclosure duty here reaches that fixed figure and the share count, giving the levying officer a starting point for identifying and valuing the property, even though it does not hand over a current market appraisal.

Refusal carries a real consequence. An officer who declines to disclose the information is treated as being in contempt of court and punished accordingly — the statute does not leave the duty as a mere request the corporation can shrug off.

Frequently Asked Questions

Can a levying officer find out how many shares a judgment debtor owns in a corporation?

Yes. O.C.G.A. § 9-13-58 requires the corporation's president, superintendent, manager, or other officer with access to its books to disclose the number and par value of the defendant's shares upon the levying officer's demand.

What happens if the corporate officer refuses to disclose that information?

Refusal is treated as contempt of court and punished accordingly.

Does the corporation have to disclose the current market value of the shares?

No. The statute requires disclosure of the number of shares and their par value, which is a fixed nominal figure set when the shares were issued, not necessarily what the shares would sell for today.

Who at the corporation is obligated to make the disclosure?

The president, superintendent, manager, or other officer having access to the corporation's or bank's books.

Does this section apply to banks as well as other corporations?

Yes. The statute expressly covers shares of stock of a bank or corporation.

Amendment History

Laws 1822, Cobb’s 1851 Digest, p. 511; Code 1863, § 2582; Code 1868, § 2584; Code 1873, § 2626; Code 1882, § 2626; Ga. L. 1890-91, p. 73, § 1; Ga. L. 1894, p. 45, § 1; Civil Code 1895, § 5430; Civil Code 1910, § 6035; Code 1933, § 39-123.

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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