Where a judgment has been amended by order of the court in conformity to the verdict upon which it is predicated and execution has previously issued thereon, the clerk of the court in which the judgment was rendered shall have power to amend the execution at any time so as to make it conform to the amended judgment; and such amendment shall not cause any levy on the execution to fall.
§ 9-13-6.Amendment of execution — To conform to amended judgment
Chapter 13. Executions and Judicial Sales · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-6 gives the clerk of the court that rendered an amended judgment the power to amend a previously issued execution at any time so it conforms to the amended judgment, without causing any existing levy to fall.
Full Text of § 9-13-6
Plain-English Summary
Judgments sometimes get amended after the fact to bring them in line with the verdict that supports them, but an execution may already have issued — and even been levied — before that amendment happens. This section keeps the execution from becoming stranded in that situation.
Once a court has amended a judgment to conform to its underlying verdict, and an execution issued on the judgment before the amendment, the clerk of the court that rendered the judgment has the power to amend the execution at any time so it matches the amended judgment. The clerk does not need a separate order for each such correction; the power to amend the execution accompanies the judgment amendment itself.
As with the fieri facias amendments addressed in Code Section 9-13-5, the protection here is explicit: amending the execution this way does not cause any levy already made on it to fall. A defendant’s property already reached by a levy stays reached even after the clerk brings the paperwork into alignment with the corrected judgment.
Frequently Asked Questions
When does this section come into play?
When a court has amended a judgment to conform to the verdict it is based on, and an execution had already issued on the judgment before that amendment.
Who has the power to amend the execution to match the amended judgment?
The clerk of the court in which the judgment was rendered, who may make the amendment at any time.
Does the clerk need a separate court order to amend the execution?
The statute grants the clerk the power to amend the execution directly, tied to the judgment having already been amended by court order.
Does amending the execution under this section undo a levy already made?
No. The statute specifically provides that such an amendment shall not cause any levy on the execution to fall.
How is this section different from Code Section 9-13-5?
Code Section 9-13-5 covers amending a fieri facias to match its own judgment or return date; this section covers amending an execution because the judgment itself was later amended.
Amendment History
Orig. Code 1863, § 3424; Code 1868, § 3444; Code 1873, § 3494; Code 1882, § 3494; Civil Code 1895, § 5113; Ga. L. 1902, p. 55, § 1; Civil Code 1910, § 5697; Code 1933, § 39-110.
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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