§ 9-13-77.Control of execution after payment — By security
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 § 9-13-77
Plain-English Summary
A security who ends up covering someone else's execution debt is not left to absorb the loss on his own. This section hands that security control of the execution once it is paid off — the paying security effectively steps into the position the original creditor held, rather than the execution vanishing outright as satisfied and beyond further use.
Control matters because it lets the security look to the people who were supposed to pay — the principal debtor, or cosureties who share the same obligation — without having to file an entirely new lawsuit to recover what the security laid out. The paid-off execution becomes the security's tool for recouping the payment from those who owe it to him.
This short section works alongside the companion rule for joint debtors in the next Code section, both reflecting the same underlying idea: someone who pays more than his own share of a judgment debt gets to use the existing execution machinery to collect back from the people who should have paid, rather than starting over from scratch.
Frequently Asked Questions
What happens when a security pays off an execution instead of the principal debtor?
O.C.G.A. § 9-13-77 gives that security control of the execution once it is paid off.
Why does control of the execution matter to the paying security?
It lets the security pursue the principal debtor or cosureties using the existing execution rather than filing a new lawsuit to recover the payment.
Does this section require the security to file a separate action to recover from the principal?
No. Controlling the paid-off execution is the mechanism this section provides instead of a separate suit.
Does this rule apply only to a single security, or also to cosureties?
The text of this section addresses the security paying off the execution generally; the companion rule for joint debtors sharing an obligation appears in the following Code section.
Is control of the execution automatic once the security pays it off?
Yes. The statute states that the security paying off an execution shall have control of it, without conditioning that control on a further court order.
Amendment History
Laws 1826, Cobb’s 1851 Digest, p. 593; Code 1863, § 3590; Code 1868, § 3613; Code 1873, § 3663; Code 1882, § 3663; Civil Code 1895, § 5441; Civil Code 1910, § 6046; Code 1933, § 39-607.