If the claimant to personal property levied on is unable to give a forthcoming bond, it shall be the privilege of the plaintiff in execution to give the bond, to be approved by the levying officer, and, upon the bond being given and approved, it shall be the duty of the levying officer to deliver the property to the plaintiff. However, in no event shall the plaintiff be allowed any compensation for keeping the property.
§ 9-13-96.When plaintiff in execution may give forthcoming bond
Chapter 13. Executions and Judicial Sales · Article 5. Claims · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-96 gives the plaintiff in execution the option to post the forthcoming bond and take possession of levied personal property when the claimant is unable to, though the plaintiff earns no compensation for keeping the property in the meantime.
Full Text of § 9-13-96
Plain-English Summary
Not every claimant who wants possession of the disputed property can afford the forthcoming bond required under Code Section 9-13-94. This section lets the other side step into that gap rather than leaving the property sitting with the levying officer indefinitely.
If the claimant cannot give the forthcoming bond, the plaintiff in execution has the privilege — not the obligation — of giving that bond instead, subject to the levying officer’s approval. Once the bond is given and approved, the officer’s duty is to deliver the property to the plaintiff, who then holds it pending the outcome of the claim.
The statute caps what the plaintiff can get out of that arrangement. Regardless of how long the claim takes to resolve, the plaintiff is never entitled to compensation for keeping the property. The privilege exists to get the property out of limbo, not to let the plaintiff profit from custody of it while the ownership dispute plays out.
Frequently Asked Questions
When can the plaintiff in execution take over posting the forthcoming bond?
When the claimant to personal property levied on is unable to give the forthcoming bond required under Code Section 9-13-94.
Who approves the plaintiff’s bond under this section?
The levying officer must approve the bond before it takes effect.
What happens once the plaintiff’s bond is approved?
The levying officer’s duty is to deliver the property to the plaintiff, who then holds it while the claim proceeds.
Can the plaintiff charge for storing or maintaining the property while holding it?
No. The statute states that in no event shall the plaintiff be allowed any compensation for keeping the property.
Does this section apply to claims involving real estate?
No. It concerns the forthcoming bond for personal property under Code Section 9-13-94, and forthcoming bonds are not available for real estate at all.
Amendment History
Ga. L. 1870, p. 411, § 2; Code 1873, § 3734; Code 1882, § 3734; Civil Code 1895, § 4619; Civil Code 1910, § 5165; Code 1933, § 39-808.
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 plaintiff forthcoming bondplaintiff takes possession of levied property georgiano compensation for keeping levied property georgiaclaimant unable to bond property georgia