(a) An action may be against the person, or against property, or both.
§ 9-2-2.Actions in personam; actions in rem
Chapter 2. Actions Generally · Article 1. General Provisions · Last amended 1982 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-2-2 recognizes that a Georgia lawsuit may target a person, specific property, or both, and provides that a judgment against a served person also reaches that person’s property, while a judgment obtained only against property without personal service binds nothing but the particular property named.
Full Text of § 9-2-2
(b) Generally, a proceeding against the person shall bind the property also. A proceeding against property without service on the person shall bind only the particular property.
Plain-English Summary
Every lawsuit has to aim at something, and Georgia law recognizes two targets: a person or a piece of property, and an action can aim at both at once. This section sets the ground rules for how far a resulting judgment reaches.
Sue the person — meaning you serve them and the case proceeds against them personally — and a favorable judgment reaches their property generally, not just one asset. Sue the property instead, through a proceeding that doesn’t involve personal service on an owner, and the judgment binds only the specific property named in the case. You can’t win a judgment against unserved property and then collect it out of the owner’s bank account or other holdings.
This split shows up whenever Georgia law lets a plaintiff proceed against property directly — attachment, garnishment, and similar remedies — because it marks the boundary between a personal judgment, which follows the debtor, and a judgment against property, which stops at the property.
Frequently Asked Questions
Can a Georgia lawsuit be brought against property instead of a person?
Yes. Subsection (a) allows an action against the person, against property, or against both.
If I win a judgment against a person, does it reach their property too?
Yes. Subsection (b) states that a proceeding against the person generally binds that person’s property as well, once the person has been served.
What happens if I get a judgment against property without serving the owner personally?
The judgment binds only the particular property involved in the case — it does not extend to the owner’s other assets, because there was no personal service.
What is the difference between an action against a person and one against property?
An action against the person reaches the person’s property broadly once service is made, while an action against specific property without personal service reaches only that property.
Does this section require personal service to sue someone?
It does not set service procedures itself; it describes the consequence of proceeding against the person versus against property, and notes that a property-only proceeding is one done “without service on the person.”
Amendment History
Orig. Code 1863, § 3176; Code 1868, § 3187; Code 1873, § 3252; Code 1882, § 3252; Civil Code 1895, § 4931; Civil Code 1910, § 5508; Code 1933, § 3-104; Ga. L. 1982, p. 3, § 9.
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 actions in personamGeorgia actions in remGeorgia in rem vs in personam judgmentaction against property Georgia lawGeorgia judgment against person binds property