Chapter 13. Executions and Judicial Sales · Article 5. Claims · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-92 lets a claimant who cannot afford the bond required under Code Section 9-13-91 instead file a sworn affidavit of indigence, in addition to the oath required by Code Section 9-13-90, which suspends the sale the same as if bond and security had been given.
Full Text of § 9-13-92
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In all claim cases where claimants are unable to give bond and security as required in this article, the claimants may file, in addition to the oath required in Code Section 9-13-90, an affidavit as follows:
“I, A.B., do swear that I do not interpose this claim for delay only; that I bona fide claim the right and title to the same; that I am advised and believe that the claim will be sustained; and that because of my indigence I am unable to give bond and security as required by law.” When the affidavit has been made and delivered to the levying officer, it shall suspend the sale in the same manner as if bond and security had been given.
Plain-English Summary
The bond requirement in Code Section 9-13-91 protects a plaintiff against claims filed just to run out the clock, but it can also shut out a claimant with a real right to the property who cannot come up with security. This section is the pressure valve for that situation.
A claimant unable to give bond and security may file an affidavit of indigence, filed in addition to — not instead of — the oath already required under Code Section 9-13-90. The affidavit itself has to say that the claim is not made for delay only, that the claimant makes a bona fide claim to the property, that the claimant believes the claim will be sustained, and that indigence is the reason no bond has been given.
Once delivered to the levying officer, that affidavit does the same work a bond would do: it suspends the sale. No court order or approval step stands between filing the affidavit and the sale being halted. What it does not do is erase the underlying exposure a bad-faith claim carries. If a jury later finds the claim was made for delay, the damages framework in Code Section 9-13-101 still applies to the claimant — the affidavit substitutes only for the upfront bond and security, not for the consequences of an insincere claim.
Frequently Asked Questions
Who is eligible to file an affidavit of indigence under this section?
A claimant who is unable to give the bond and security required elsewhere in Article 5 for a claim case.
Does the indigence affidavit replace the oath required by Code Section 9-13-90?
No. It is filed in addition to that oath, not instead of it. The oath claiming the property is still required regardless of which route the claimant takes on the bond.
What must the affidavit of indigence state?
That the claim is not interposed for delay only, that the claimant makes a bona fide claim to the property, that the claimant believes the claim will be sustained, and that indigence prevents giving bond and security.
What effect does filing the affidavit have on the sale?
It suspends the sale in the same manner as if bond and security had been given, once the affidavit has been made and delivered to the levying officer.
Does filing an indigence affidavit protect the claimant from a later damages finding?
No. It only excuses the upfront bond requirement. If a jury later finds the claim was made for delay only, the claimant remains exposed to damages under Code Section 9-13-101.
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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