In all cases in which it is made to appear that an attorney is liable for costs, the court shall, on motion, order a judgment and execution against him for the same.
§ 9-15-13.Judgment and execution against attorney for costs
Chapter 15. Court and Litigation Costs · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-15-13 requires a court, on motion, to enter judgment and execution against an attorney once it is made to appear that the attorney is liable for costs.
Full Text of § 9-15-13
Plain-English Summary
Other sections in this chapter create the grounds for holding an attorney personally liable for costs — willful neglect or misconduct under Code Section 9-15-7, representing a nonresident plaintiff under Code Section 9-15-6, or the unsatisfied-execution scenario in Code Section 9-15-12. This section supplies the enforcement step that follows. In all cases where it is made to appear that an attorney is liable for costs, the court shall, on motion, order a judgment and execution against the attorney for that liability.
The word “shall” leaves the court no discretion once liability is shown — the only prerequisite is a motion and a record establishing the attorney’s liability. That keeps a party from having to file a fresh lawsuit just to collect costs an attorney already owes; the existing case, and a motion within it, gets the job done.
Frequently Asked Questions
Once an attorney is shown to be liable for costs, must the court enter judgment against the attorney?
Yes. The statute says the court “shall, on motion,” order a judgment and execution against the attorney — the court has no discretion to decline once liability is shown.
What triggers the court’s duty to act under this section?
A showing that the attorney is liable for costs, combined with a motion asking the court to act on that showing.
Does this section itself create attorney liability for costs?
No. It supplies the enforcement mechanism once liability is established under another provision, such as Code Section 9-15-6, 9-15-7, or 9-15-12.
Do I need to file a separate lawsuit to collect costs from a liable attorney?
No. This section works by motion within the existing case, which the court resolves by ordering judgment and execution against the attorney.
What does the court’s order accomplish once entered?
It produces both a judgment establishing the attorney’s debt for costs and an execution the party can use to collect it, the same way a judgment against any other liable party would be enforced.
Amendment History
Orig. Code 1863, § 3612; Code 1868, § 3637; Code 1873, § 3687; Code 1882, § 3687; Civil Code 1895, § 5396; Civil Code 1910, § 5994; Code 1933, § 24-3412.
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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