The person claiming the property levied on, or his agent or attorney, shall give bond to the sheriff or other levying officer, with good and sufficient security in a sum not larger than double the amount of the execution levied, made payable to the plaintiff in execution. Where the property levied on is of less value than the execution, the amount of the bond shall be double the value of the property levied upon, at a reasonable valuation to be judged by the levying officer, conditioned to pay the plaintiff in execution all damages which the jury on the trial of the claim may assess against the person claiming the property in case it appears that the claim was made for the purpose of delay only.
§ 9-13-91.Bond and security for damages; how damages determined
Chapter 13. Executions and Judicial Sales · Article 5. Claims · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-91 requires a claimant to back the oath with a bond payable to the plaintiff in execution, capped at double the execution amount (or double the property’s value if that is less), securing any damages a jury later assesses if the claim turns out to have been made only to delay collection.
Full Text of § 9-13-91
Plain-English Summary
An oath alone would let anyone stall a sheriff’s sale for the price of a signature. This section raises the stakes: the claimant must give bond, with good and sufficient security, before the claim carries any weight against the sale.
The bond amount tracks whichever figure is smaller. As a rule, it may not exceed double the amount of the execution levied. But where the disputed property is worth less than the execution, the bond drops to double the property’s value instead, as estimated by the levying officer. That second rule keeps the security proportionate to what is at stake — a claimant contesting a modest piece of property should not have to post a bond scaled to a much larger debt.
The bond is payable to the plaintiff in execution, and its condition is specific: it secures whatever damages a jury assesses against the claimant if the trial shows the claim was interposed for delay only, rather than in a genuine belief of ownership. Code Sections 9-13-101 and 9-13-105 fill in how that damages figure gets calculated once a jury reaches that question.
Frequently Asked Questions
How large must the claim bond be?
Not larger than double the amount of the execution levied. If the property levied on is worth less than the execution, the cap drops to double the property’s value instead, as estimated by the levying officer.
Who is the bond made payable to?
The plaintiff in execution — the party who obtained the execution being levied.
What does the bond secure?
It secures payment of whatever damages a jury assesses against the claimant if the trial shows the claim was made only to delay the sale rather than in good faith.
What if the claimant cannot afford to post this bond?
Code Section 9-13-92 lets a claimant unable to give bond and security instead file an affidavit of indigence, which has the same effect of suspending the sale.
Does posting the bond mean the claim will succeed?
No. The bond only satisfies the security requirement needed to postpone the sale under Code Section 9-13-93. A jury still decides the underlying right to the property under Code Section 9-13-100.
Amendment History
Laws 1821, Cobb’s 1851 Digest, p. 533; Code 1863, §§ 3651, 3654; Code 1868, §§ 3676, 3679; Ga. L. 1872, p. 41, § 1; Code 1873, §§ 3726, 3729; Code 1882, §§ 3726, 3729; Civil Code 1895, §§ 4612, 4615; Civil Code 1910, §§ 5158, 5161; Code 1933, § 39-802.
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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