Replevin
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Statutes
"Any person holding a security interest on personal property and wishing to foreclose the security interest shall be authorized to foreclose the security interest and shall be entitled to an execution directed to all and singular the sheriffs, the marshals, the constables, or their lawful deputies, of this state, which execution shall command the sale of the secured property to satisfy the amount due from the debtor, together with the costs of the proceedings to foreclose the security interest in accordance with the procedure specified in this part, together with an order directing the defendant or the party in possession to turn over to the sheriff, the marshal, the constable, or their lawful deputies the property sought to be foreclosed upon.
Any owner of personal property leased or rented in a rental transaction who wishes to regain possession of such property as authorized by the terms of the transaction may obtain a writ of possession under this subpart in the same manner as is authorized for a holder of a security interest in personal property. Solely for the purpose of applying the procedures to rental transactions and not for any other purposes, the owner of the property shall be considered to be a secured party and the rented or leased property shall be considered to be secured property. Proceedings to regain property under a rental transaction shall be as provided in this subpart, except that after a writ of possession is granted the rented or leased property shall be delivered to the owner and shall not be levied upon.The term “rental transaction” means the lease or rental of goods or personal property. (Ga. Code Ann., § 44-14-230)"
Any owner of personal property leased or rented in a rental transaction who wishes to regain possession of such property as authorized by the terms of the transaction may obtain a writ of possession under this subpart in the same manner as is authorized for a holder of a security interest in personal property. Solely for the purpose of applying the procedures to rental transactions and not for any other purposes, the owner of the property shall be considered to be a secured party and the rented or leased property shall be considered to be secured property. Proceedings to regain property under a rental transaction shall be as provided in this subpart, except that after a writ of possession is granted the rented or leased property shall be delivered to the owner and shall not be levied upon.The term “rental transaction” means the lease or rental of goods or personal property. (Ga. Code Ann., § 44-14-230)"
Cases
Comments
There are very specific procedures that must be followed to complete a replevin, including the petition process, notice procedures, etc., contain within O.C.G.A. §§ 44-14-230 et seq.
Contributors
Brittany S. Ogden
The statutory information was edited and reviewed with the support of MultiState
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