When a payment on an execution is made which does not entirely satisfy the judgment upon which the execution has been issued, the plaintiff in execution or his attorney shall authorize the clerk to enter the amount of the payments upon the execution.
§ 9-13-79.Partial payments to be entered
Chapter 13. Executions and Judicial Sales · Article 4. Satisfaction or Discharge of Judgment and Execution · Last amended 1966 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-79 requires the plaintiff in execution or his attorney to authorize the clerk to enter on the execution the amount of any payment that does not fully satisfy the underlying judgment.
Full Text of § 9-13-79
Plain-English Summary
Not every payment toward a judgment finishes the job. When a debtor pays something toward an execution but the payment falls short of satisfying the full judgment, this section makes sure that partial progress is not lost or forgotten. The plaintiff in execution, or the plaintiff's attorney, has to authorize the clerk to enter the amount of that payment on the execution.
The duty falls on the creditor's side, not the debtor's. It is the plaintiff or the plaintiff's attorney who directs the clerk to make the entry, giving the creditor control over how partial payments get documented while still requiring that documentation to happen rather than leaving it optional.
Keeping a running record of partial payments on the execution matters for everyone who later looks at that execution to figure out what is still owed — the debtor trying to track his own remaining balance, another creditor evaluating priority against the same debtor's property, or a court asked to determine how much of the judgment remains unsatisfied.
Frequently Asked Questions
What happens when a debtor makes a payment that does not fully satisfy the judgment?
O.C.G.A. § 9-13-79 requires the plaintiff in execution or the plaintiff's attorney to authorize the clerk to enter the amount of that payment on the execution.
Who is responsible for making sure a partial payment gets recorded?
The plaintiff in execution or his attorney, who must authorize the clerk to make the entry.
Is entering a partial payment on the execution optional?
No. The statute uses mandatory language, requiring the plaintiff or attorney to authorize the entry.
Why does the record of partial payments matter?
It lets anyone reviewing the execution — the debtor, other creditors, or a court — see how much of the judgment remains unsatisfied.
Does this section apply when a payment fully satisfies the judgment?
No. This section addresses payments that do not entirely satisfy the judgment; full satisfaction and cancellation of the execution are addressed in Code Section 9-13-80.
Amendment History
Code 1933, § 39-609, enacted by Ga. L. 1966, p. 408, § 1.
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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