When an execution issued from a court is levied upon personal property and claimed by a person not a party to the execution, it shall be the duty of the levying officer to return the same, together with the execution, to the next term of the court from which the execution issued. Where an execution is levied upon real property and the same is claimed in the manner aforesaid, it shall be the duty of the officer making the levy to return the same, together with the execution and claim, to the next term of the superior court of the county in which the land so levied upon lies.
§ 9-13-98.When and where claim, levy, and execution to be returned
Chapter 13. Executions and Judicial Sales · Article 5. Claims · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-98 directs the levying officer to return a personal-property claim, along with the execution, to the next term of the court that issued the execution, while a real-property claim goes instead to the next term of the superior court in the county where the land lies.
Full Text of § 9-13-98
Plain-English Summary
A claim does not try itself where it is filed with the levying officer. This section tells the officer where to send the paperwork so a court can decide the dispute, and it splits that destination along the same line that runs through much of property law: personal property versus real property.
When personal property is levied on and claimed, the officer’s duty is to return the claim, together with the execution, to the next term of the court from which the execution issued. That keeps the claim close to the case that produced the execution in the first place.
Real property follows a different path. Because only the superior court of the county where the land lies can resolve title disputes over that land, the officer must return the execution and the claim to the next term of that superior court — regardless of which court issued the underlying execution. The “next term” framing here sets up the timing for Code Section 9-13-100’s requirement that the claim be tried by a jury at the first term after it reaches the proper court.
Frequently Asked Questions
Where does a claim to personal property get returned?
To the next term of the court from which the execution issued, along with the execution itself.
Where does a claim to real property get returned?
To the next term of the superior court of the county in which the land levied upon lies, regardless of which court issued the execution.
Why does a real property claim always go to superior court?
Because superior court is the court with jurisdiction to resolve title disputes over land, unlike claims to personal property, which can stay with the issuing court.
What gets sent to the court along with the claim?
The execution itself, together with the claim papers.
When must the officer make this return?
By the next term of the appropriate court — the issuing court for personal property, or the superior court of the county where the land lies for real property.
Amendment History
Laws 1821, Cobb’s 1851 Digest, p. 532; Code 1863, § 3658; Code 1868, § 3683; Code 1873, § 3736; Code 1882, § 3736; Civil Code 1895, § 4621; Civil Code 1910, § 5167; Code 1933, § 39-901.
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 claim return to courtreal property claim goes to superior court georgianext term of court claim execution georgiawhere to file property claim georgia execution