If an execution creditor having the older lien on a fund in the hands of the sheriff or other officer allows the fund by his consent to be applied to a younger writ of execution, it shall be considered an extinguishment pro tanto of the creditor’s lien insofar as third persons may be concerned.
§ 9-13-73.Application of fund to younger lien with senior lienholder’s consent
Chapter 13. Executions and Judicial Sales · Article 4. Satisfaction or Discharge of Judgment and Execution · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-73 provides that when an execution creditor with the senior lien on a fund held by the sheriff or other officer consents to letting the fund be applied to a junior execution instead, that consent extinguishes the senior creditor's lien pro tanto as far as third persons are concerned.
Full Text of § 9-13-73
Plain-English Summary
Funds sitting in a sheriff's hands after a sale often have more than one execution competing for them, ranked by priority. This section addresses what happens when the creditor holding the senior claim on that fund agrees to let it go to a junior execution instead of taking it for himself.
Consent has consequences here. Once the senior creditor allows the fund to be applied to the younger writ of execution, that consent operates as an extinguishment of the senior lien — but only pro tanto, meaning only to the extent of the fund redirected, not necessarily wiping out any larger unpaid balance the senior creditor might still be owed.
The extinguishment runs specifically against third persons. A creditor who consented to redirecting the fund cannot later turn around and assert the original priority against someone else who relied on that redirection, even if the senior creditor and the debtor might still have their own separate accounting to work out between themselves.
Frequently Asked Questions
What happens when a senior execution creditor consents to a fund being applied to a junior execution instead?
O.C.G.A. § 9-13-73 treats that consent as an extinguishment of the senior creditor's lien, to the extent of the fund redirected, as far as third persons are concerned.
Does 'pro tanto' mean the entire senior lien is wiped out?
No. Pro tanto limits the extinguishment to the extent of the fund applied to the junior execution, not necessarily the senior creditor's full claim.
Who is bound by the extinguishment described in this section?
Third persons dealing with the fund or the priority of the executions — the statute frames the effect specifically as running against third persons.
Does this section apply automatically, or does it require the senior creditor's consent?
It requires consent. The extinguishment follows only when the senior creditor allows, by consent, the fund to be applied to the younger execution.
Where does the fund this section refers to typically come from?
The statute refers to a fund in the hands of the sheriff or other officer, which commonly arises from proceeds of an execution sale awaiting distribution among competing executions.
Amendment History
Orig. Code 1863, § 3586; Code 1868, § 3609; Code 1873, § 3659; Code 1882, § 3659; Civil Code 1895, § 5444; Civil Code 1910, § 6049; Code 1933, § 39-603.
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 senior lienholder consent to junior executionextinguishment pro tanto execution lien georgiafund in sheriff's hands priority executions georgiaconsent apply fund to younger writ georgia