(a) When any attorney institutes an action in any of the courts of this state for any person who resides outside this state, the attorney shall be liable to pay all costs of the officers of court in the event that the action is dismissed or the plaintiff is cast in the action.
§ 9-15-6.Liability of attorney of nonresident plaintiff for costs; prior payment of costs in action brought by nonresident attorney and plaintiff
Chapter 15. Court and Litigation Costs · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-15-6 makes an attorney who files a Georgia lawsuit for an out-of-state client personally liable for court costs if the action is dismissed or the plaintiff is cast, and lets court officers demand full costs up front when both the plaintiff and the attorney live outside Georgia.
Full Text of § 9-15-6
(b) When the plaintiff and his attorney both reside outside the limits of this state, the proper officers may demand their full costs before they shall be bound to perform any service in any case commenced by the nonresident attorney or plaintiff.
Plain-English Summary
Cost liability under Code Section 9-15-1 is normally a problem for the losing party. This section adds a layer of protection for the courts themselves when that losing party lives out of state and might be hard to collect from. Under subsection (a), an attorney who institutes an action in a Georgia court for a client residing outside the state becomes personally liable for all costs owed to the officers of court if the action is dismissed or the plaintiff is cast — regardless of where the attorney happens to live.
Subsection (b) goes a step further when both the plaintiff and the attorney reside outside Georgia. In that situation, court officers may demand their full costs up front, before they’re obligated to perform any service in the case at all. That’s a meaningful departure from the general rule against demanding costs before judgment in Code Section 9-15-3, justified by the added collection risk when neither the client nor the lawyer has a presence in the state.
Frequently Asked Questions
Can a Georgia attorney be personally liable for costs in a case filed for an out-of-state client?
Yes. Under subsection (a), an attorney who institutes an action for a nonresident client is liable for the officers’ costs if the action is dismissed or the plaintiff is cast.
What happens if both the plaintiff and the attorney live outside Georgia?
Court officers may demand their full costs up front, before performing any service in the case, under subsection (b).
Does the attorney’s own residence matter to liability under subsection (a)?
No. Subsection (a) turns on the client’s residence outside the state, not the attorney’s; any attorney instituting the action for a nonresident client can be exposed.
Why does Georgia single out nonresident plaintiffs for this extra cost exposure?
Because collecting costs by execution against a plaintiff who lives outside the state — and has no assets here — can be difficult, this section gives officers of court someone reachable to look to for payment.
Does paying costs up front under subsection (b) affect whether the case can proceed?
The subsection addresses the officers’ obligation to perform services in the case once demanded costs are paid; it doesn’t change any other requirement for the case to proceed on its merits.
Amendment History
Laws 1812, Cobb’s 1851 Digest, p. 505; Laws 1839, Cobb’s 1851 Digest, p. 507; Code 1863, §§ 3603, 3605; Code 1868, §§ 3627, 3629; Code 1873, §§ 3677, 3679; Code 1882, §§ 3677, 3679; Civil Code 1895, §§ 5387, 5389; Civil Code 1910, § 5982; Code 1933, § 24-3403.
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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