Statutes, codes, and regulations
CODE OF GEORGIA
Title 9 - CIVIL PRACTICEChapter 13 - EXECUTIONS AND JUDICIAL SALES
Article 6 - ILLEGALITY
Section 9-13-121 - Affidavit of illegality - To show lack of service; not available to go behind judgment

Ga. Code § 9-13-121

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Current through 2023-2024 Legislative Session Chapter 709
Section 9-13-121 - Affidavit of illegality - To show lack of service; not available to go behind judgment

If the defendant was not served and did not appear, he may take advantage of the defect by affidavit of illegality. However, if he has had his day in court, he may not go behind the judgment by an affidavit of illegality.

OCGA § 9-13-121