Creditors without liens may not, as a general rule, enjoin their debtors from disposing of property nor obtain injunctions or other extraordinary relief in equity.
§ 9-5-6.Injunction against debtors not generally available to creditors
Chapter 5. Injunctions · Last amended 1933 · Last verified July 17, 2026
In one sentenceThis section states the general rule that an unsecured creditor — one without a lien — cannot enjoin a debtor from disposing of property or obtain other extraordinary equitable relief, leaving lien creditors and other specific remedies to handle that situation instead.
Full Text of § 9-5-6
Plain-English Summary
An unsecured creditor might worry that a debtor is about to sell off assets, leaving nothing behind to satisfy the debt. This section tells that creditor equity will not, as a general rule, come to the rescue with an injunction.
The statute draws the line at liens. A creditor without a lien on the debtor’s property cannot enjoin the debtor from disposing of it, and cannot reach for other extraordinary equitable relief either. The ordinary path for an unsecured creditor is to sue on the debt, get a judgment, and then pursue collection remedies — not to freeze the debtor’s property in advance through an injunction.
Because the statute frames this as a “general rule,” it leaves open that other law may recognize exceptions, such as remedies aimed at fraudulent transfers. But absent one of those, an unsecured creditor’s claim to injunctive relief against a debtor’s ordinary use of property will not succeed under this section.
Frequently Asked Questions
Can an unsecured creditor stop a debtor from selling assets with an injunction?
Generally, no. The section states that creditors without liens may not, as a general rule, enjoin their debtors from disposing of property.
What is the general rule stated in this section?
Creditors without liens may not enjoin their debtors from disposing of property, nor obtain other injunctions or extraordinary relief in equity.
Does having a lien change a creditor’s position under this section?
The section specifically limits its rule to “creditors without liens,” which implies that a creditor holding a lien stands on different footing, though this section does not spell out what that different treatment looks like.
Why would Georgia limit unsecured creditors’ access to equitable relief?
The text does not give a reason, but the rule fits the pattern in this chapter of reserving injunctions for situations where the ordinary legal process — here, suing on the debt and collecting the judgment — will not do the job.
Does this section list any exceptions to the general rule?
No. It states the rule in general terms without naming specific exceptions.
Amendment History
Civil Code 1895, § 4918; Civil Code 1910, § 5495; Code 1933, § 55-106.
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 creditor injunction debtorunsecured creditor injunction georgiastop debtor disposing property georgiacreditor without lien equity georgia