HB 580 - Magist court; judgments exceeding $3500; discovery procedures

Georgia House of Representatives - 1995/1996 Sessions

HB 580 - Magist court; judgments exceeding $3500; discovery procedures

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House Comm: Judy / Senate Comm: S Judy / House Vote: Yeas 162 Nays 1 Senate Vote: Yeas 49 Nays 0 ---------------------------------------- House Action Senate ---------------------------------------- 2/3/95 Read 1st Time 1/25/96 2/6/95 Read 2nd Time 2/12/96 2/28/95* Favorably Reported 2/9/96 Sub Committee Amend/Sub 3/17/95 Recommitted 1/24/96 Read 3rd Time 2/29/96 1/24/96 Passed/Adopted 2/29/96 CS Comm/Floor Amend/Sub 3/19/96 Sent to Governor 4/1/96 Signed by Governor 654 Act/Veto Number 7/1/96 Effective Date ---------------------------------------- Favorably Reported by Substitute 1/22/96 Code Sections amended: 15-10-50
HB 580 LC 22 1977S The House Committee on Judiciary offers the following substitute to HB 580: A BILL TO BE ENTITLED AN ACT 1- 1 To amend Code Section 15-10-50 of the Official Code of 1- 2 Georgia Annotated, relating to propounding of 1- 3 interrogatories to a judgment debtor in magistrate court 1- 4 proceedings, so as to provide that in dispossessory 1- 5 proceedings and distress warrant proceedings when the 1- 6 judgment exceeds a specified amount the judgment creditor dd d�0 �@d�0 �@d�0 �@d�0 �@dg0 �@dM0 �@d30 1- 8 Practice Act; to repeal conflicting laws; and for other 1- 9 purposes. 1-10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-11 Code Section 15-10-50 of the Official Code of Georgia 1-12 Annotated, relating to propounding of interrogatories to a 1-13 judgment debtor in magistrate court proceedings, is amended 1-14 by adding a new subsection (g) to read as follows: 1-15 "(g) Notwithstanding the provisions of Code Section 1-16 15-10-42, in any case involving writs and judgments in 1-17 dispossessory or distress warrant proceedings under 1-18 paragraph (6) of Code Section 15-10-2 in which the 1-19 judgment exceeds the amount of $5,000.00, the judgment 1-20 creditor or a successor in interest when that interest 1-21 appears of record may, in addition to any other process or 1-22 remedy provided by law, utilize the discovery provisions 1-23 set forth in Code Section 9-11-69." SECTION 2. 1-24 All laws and parts of laws in conflict with this Act are 1-25 repealed. -1- (Index)

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