(a) Upon the satisfaction of the entire debt upon which an execution has been issued, the plaintiff in execution or his or her attorney shall timely direct the clerk to cancel the execution and mark the judgment satisfied. Such direction shall be delivered to the clerk not later than 30 days following the date upon which the execution was fully satisfied.
§ 9-13-80.Execution to be canceled when satisfied; private right of action; damages
Chapter 13. Executions and Judicial Sales · Article 4. Satisfaction or Discharge of Judgment and Execution · Last amended 2004 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-80 requires a judgment creditor to direct the clerk to cancel a fully satisfied execution within 30 days of satisfaction, creates a private right of action and presumed damages of $100 (capped actual damages of $500, plus possible attorney's fees) for a debtor harmed by noncompliance, sets out the filings that authorize a clerk to enter satisfaction — including affidavit procedures for a lost execution and for an unresponsive creditor after 60 days' written notice — and makes filing a fraudulent affidavit under those procedures a felony.
Full Text of § 9-13-80
(1) A private right of action shall be granted to a judgment debtor upon the failure of such plaintiff or counsel to comply with the provisions of subsection (a) of this Code section.
(2) Failure to direct cancellation and satisfaction within 60 days after satisfaction of the entire debt shall be prima-facie evidence of untimeliness.
(3) Recovery may be had by way of motion in the action precipitating the judgment and execution or by separate action in any court of competent jurisdiction.
(4) Damages shall be presumed in the amount of $100.00 and the court may award reasonable attorney’s fees. Actual damages may be recovered, but in no event shall recovery exceed $500.00; provided, however, the court may also award reasonable attorney’s fees.
(c) In order to authorize the clerk of superior court to make an entry of satisfaction with respect to an execution on the general execution docket, there shall be presented for filing on the general execution docket:
(1) A satisfaction upon the original execution or alias execution itself;
(2) A satisfaction as provided in subsection (d) of this Code section; or
(3) A satisfaction as provided in subsection (e) of this Code section.
Any clerk of superior court who cancels of record any execution in the manner authorized in this subsection shall be immune from any civil liability, either in such clerk’s official capacity or personally, for so canceling of record such security deed.
(d) Proof of satisfaction of an execution, the original of which has been lost, stolen, or otherwise mislaid, may be made based upon an affidavit executed by the plaintiff in execution or owner or holder of record of such execution and who so swears in such affidavit, which affidavit shall be recorded in the execution docket and shall be in the following form:
______________________ County, Georgia Affidavit for Satisfaction of Execution The original execution having been lost or destroyed and the indebtedness, penalties, and interest referred to in that certain writ of fi. fa. styled ______________________ v. ______________________, dated ______________________, and of record in General Execution Docket Book ______________________, Page ______________________, in the office of the clerk of the Superior Court of ______________________ County, Georgia, having been satisfied in full and the undersigned being the present owner of such writ of fi. fa. by virtue of being the plaintiff in fi. fa. or the heir, assign, transferee, or devisee of the original plaintiff in fi. fa., the clerk of such superior court is authorized and directed to make an entry of satisfaction with respect to such writ of fi. fa.
In witness whereof, the undersigned has set his or her hand and seal, this ______________________ day of ______________________, ______________________.
______________________ (SEAL) Signature Signed, sealed, and delivered on the date above shown ______________________ Notary Public ______________________ (SEAL) My commission expires: ______________________
(e) In the event that a plaintiff in execution or any person that owns or holds an execution has failed to properly transmit a legally sufficient satisfaction or cancellation to authorize and direct the clerk or clerks to cancel the execution of record within 60 days after a written notice mailed to such plaintiff in execution or owner or holder of record by registered or certified mail or statutory overnight delivery, return receipt requested, the clerk or clerks are authorized and directed to cancel the execution upon recording an affidavit by the attorney for the judgment debtor against whom the execution was issued or any attorney who has caused the indebtedness and other obligations under the execution to be paid in full or any attorney who has actual knowledge that the indebtedness has been paid in full. The notice shall be mailed to the plaintiff in execution or owner or holder of record, shall identify the execution, and shall include a recital or explanation of this subsection. The affidavit shall include a recital of actions taken to comply with this subsection. Such affidavit shall include as attachments the following items:
(1) A written verification which was given at the time of payment by the plaintiff in execution or owner or holder of record of the amount necessary to pay off such obligations; and
(2) Any one of the following:
(A) Copies of the front and back of a canceled check to the plaintiff in execution or owner or holder of record showing payment of such obligations;
(B) Confirmation of a wire transfer to the owner or holder of record showing payment of such obligations; or
(C) A bank receipt showing payment to the plaintiff in execution or owner or holder of record of such obligations.
(f) Any person who files an affidavit in accordance with subsection (d) or (e) of this Code section which affidavit is fraudulent shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than three years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both.
Plain-English Summary
Getting a judgment satisfied is only half the job; someone has to tell the clerk so the public record reflects that the debt is gone. Subsection (a) puts that duty on the creditor's side: once the entire debt behind an execution is satisfied, the plaintiff in execution or his or her attorney must timely direct the clerk to cancel the execution and mark the judgment satisfied, and that direction has to reach the clerk no later than 30 days after the debt was fully paid.
Subsection (b) gives that 30-day deadline actual bite. A judgment debtor gets a private right of action against a plaintiff or counsel who fails to comply, and the statute makes proving the case easier — if the plaintiff fails to direct cancellation and satisfaction within 60 days after the debt is fully satisfied, that delay is itself prima facie evidence of untimeliness. The debtor can pursue recovery either by motion in the original case or through a separate lawsuit. Damages are presumed at $100 without the debtor having to prove actual loss, and the court may add reasonable attorney's fees on top. A debtor who can show more than $100 in actual damages can recover those instead, but the statute caps that recovery at $500 no matter how much more the debtor lost, and the court may again add reasonable attorney's fees to that award.
Subsections (c) through (e) work out how a clerk enters satisfaction of record. Ordinarily that takes a satisfaction filed on the original or alias execution itself. Where the original execution has been lost, stolen, or otherwise mislaid, subsection (d) supplies a sworn affidavit, in a set form, that the plaintiff or the current holder of record can file and record in the execution docket instead. And where a creditor will not cooperate, subsection (e) gives the debtor's side a path around that silence: after mailing the creditor written notice by registered or certified mail or statutory overnight delivery, return receipt requested, and waiting 60 days without a proper satisfaction being filed, the debtor's attorney — or any attorney who caused the debt to be paid or who has actual knowledge that it was paid in full — can record an affidavit, backed by a written payoff verification and proof of payment such as a canceled check, wire confirmation, or bank receipt. Once that affidavit is properly recorded, the clerk is authorized and directed to cancel the execution — unlike the general filing route in subsection (c), which merely authorizes the clerk to enter satisfaction, subsection (e) leaves the clerk no discretion once its notice-and-60-day conditions are met. A clerk who cancels an execution through any of these authorized routes is immune from civil liability, official or personal, for doing so.
Subsection (f) backstops the whole system against abuse. Anyone who files a fraudulent affidavit under the lost-execution procedure in subsection (d) or the unresponsive-creditor procedure in subsection (e) commits a felony, punishable by one to three years' imprisonment, a fine of $1,000 to $5,000, or both.
Frequently Asked Questions
How long does a judgment creditor have to cancel an execution after the debt is fully paid?
O.C.G.A. § 9-13-80(a) requires the plaintiff or the plaintiff's attorney to direct the clerk to cancel the execution and mark the judgment satisfied no later than 30 days after the debt is fully satisfied.
What can a debtor do if the creditor never directs the clerk to cancel the execution?
Subsection (b) gives the debtor a private right of action against the plaintiff or counsel, pursued by motion in the original case or by separate lawsuit, and treats a failure to act within 60 days of satisfaction as prima facie evidence of untimeliness.
How much can a debtor recover for a creditor's failure to cancel a satisfied execution?
Damages are presumed at $100 without proof of actual loss, plus possible reasonable attorney's fees; if the debtor proves greater actual damages, recovery is capped at $500, with attorney's fees still available.
What if the original execution has been lost or stolen and there is nothing to mark satisfied?
Subsection (d) allows the plaintiff or current holder of record to file a sworn affidavit, in the statute's set form, recorded in the execution docket as proof of satisfaction.
What can a debtor do if the creditor has been paid but refuses to cooperate in canceling the execution?
After sending the creditor written notice by registered or certified mail or statutory overnight delivery and waiting 60 days without a proper satisfaction being filed, subsection (e) lets an attorney for the debtor, or an attorney with actual knowledge of full payment, record an affidavit with proof of payment. Once that affidavit is recorded, subsection (e) authorizes and directs the clerk to cancel the execution — cancellation becomes mandatory, not discretionary, once these conditions are met. Filing a fraudulent affidavit under this or the lost-execution procedure is a felony under subsection (f).
Amendment History
Code 1933, § 39-610, enacted by Ga. L. 1966, p. 408, § 1; Ga. L. 1996, p. 1093, § 1; Ga. L. 1997, p. 143, § 9; Ga. L. 2004, p. 407, § 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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