One of several partners or persons jointly interested may make the affidavit and execute the bond in the name of the firm or persons jointly interested, who shall be bound thereby as though each individual had signed it himself.
§ 9-13-95.Execution of affidavit and bond by partner or joint owner
Chapter 13. Executions and Judicial Sales · Article 5. Claims · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-95 lets one partner or one of several jointly interested persons make the claim oath and sign the bond on behalf of the whole firm or group, binding every member as though each had signed individually.
Full Text of § 9-13-95
Plain-English Summary
When property claimed by a partnership or a group of co-owners gets levied on, requiring every partner or co-owner to personally sign the oath and the bond would slow the claim procedure down for no real benefit. This section removes that friction.
One partner, or one of several persons jointly interested in the property, may make the affidavit and execute the bond in the name of the firm or the group. That single signature binds everyone in the firm or group just as though each of them had signed the papers personally — there is no need to track down every partner or co-owner to get a claim moving or a bond posted.
The convenience runs in both directions. It speeds up filing the claim, but it also means every partner or co-owner shares the bond obligation the signing partner created, including exposure to damages under Code Section 9-13-101 if the claim is later found to have been made for delay. The text does not say which bond it reaches — it refers only to “the bond” — so it reads most naturally as covering whichever bond the claim procedure calls for, whether the damages bond under Code Section 9-13-91 or the forthcoming bond under Code Section 9-13-94.
Frequently Asked Questions
Does every partner have to sign the claim oath and bond personally?
No. One partner, or one of several jointly interested persons, may sign on behalf of the whole firm or group.
What obligation does a co-owner take on when one partner signs the bond?
The same obligation as if that co-owner had signed individually — the statute binds every member of the firm or group to the bond the signing partner executed.
Does this section apply to both the damages bond and the forthcoming bond?
The text does not say which bond it means — it refers only to “the bond,” without naming Code Section 9-13-91 or Code Section 9-13-94. Read against the rest of Article 5, that language reads most naturally as reaching whichever bond the claim procedure calls for in a given case.
Who counts as a person “jointly interested” under this section?
Anyone who shares an interest in the claimed property alongside the person signing, whether through a partnership or another form of joint ownership.
Can a partner who never personally signed later avoid liability on the bond?
No. The statute treats the bond as binding on the firm or the jointly interested persons as though each had signed it, so a non-signing partner remains bound.
Amendment History
Laws 1838, Cobb’s 1851 Digest, p. 589; Code 1863, § 3656; Code 1868, § 3681; Code 1873, § 3731; Code 1882, § 3731; Civil Code 1895, § 4617; Civil Code 1910, § 5163; Code 1933, § 39-806.
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
Also known as: georgia partner sign claim bondjoint owners execution claim georgiaone partner binds firm claim bond georgiajointly interested persons claim affidavit