§ 9-13-74.Release by agreement
Chapter 13. Executions and Judicial Sales · Article 4. Satisfaction or Discharge of Judgment and Execution · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-13-74
Plain-English Summary
A creditor and debtor can settle their differences with a simple promise rather than a formal satisfaction filing, and this section gives that promise legal weight. When the parties agree, for valuable consideration, that the creditor will never enforce a judgment or execution, that agreement itself operates as a release — the judgment or execution is discharged by the agreement, without requiring some separate act of formal cancellation.
Consideration is the hinge the rule turns on. A bare promise not to enforce, made for nothing in return, would not carry this effect; the statute requires valuable consideration flowing to the creditor before the agreement counts as a release. That requirement keeps the rule from turning an idle or gratuitous statement into a binding discharge of a real debt.
The release this section describes works differently from a partial satisfaction entered on the execution or a formal cancellation under Code Section 9-13-80. It is a private contractual bargain between creditor and debtor that Georgia law gives the same discharging effect as those more formal mechanisms, once consideration is present.
Frequently Asked Questions
Can a creditor release a judgment just by agreeing never to enforce it?
Yes, if the agreement is made for valuable consideration. O.C.G.A. § 9-13-74 treats such an agreement as a release of the judgment or execution.
Does a bare promise not to enforce a judgment, given for nothing in return, count as a release?
No. The statute requires the agreement to be made for a valuable consideration before it operates as a release.
Does this kind of release require a formal filing with the clerk?
This section does not require a filing; the agreement itself, once supported by consideration, operates as the release. Formal cancellation of record is addressed separately in Code Section 9-13-80.
What kind of consideration satisfies this section?
The statute does not list specific examples; any valuable consideration flowing to the creditor in exchange for the promise not to enforce would satisfy the requirement.
Can this kind of release be revoked later by the creditor?
The statute treats the agreement as a release once made for valuable consideration; it does not provide the creditor with a mechanism to unwind that release afterward.
Amendment History
Orig. Code 1863, § 3587; Code 1868, § 3610; Code 1873, § 3660; Code 1882, § 3660; Civil Code 1895, § 5445; Civil Code 1910, § 6050; Code 1933, § 39-604.