Georgia Statutes
§ 9-13-121 — Affidavit of illegality - To show lack of service; not available to go behind judgment
Georgia § 9-13-121
JurisdictionGeorgia
Title9
This text of Georgia § 9-13-121 (Affidavit of illegality - To show lack of service; not available to go behind judgment) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
O.C.G.A. § 9-13-121 (2026).
Text
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.
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Related
Cook v. NC Two, L.P.
712 S.E.2d 831 (Supreme Court of Georgia, 2011)
Rawlins v. Busbee
315 S.E.2d 1 (Court of Appeals of Georgia, 1984)
Nearby Sections
15
§ 9-10-10
Cash bonds permitted; docketing§ 9-10-11
When appearance bond not forfeited by failure to attend; setting aside forfeiture of appearance bond§ 9-10-113
When verification sufficient§ 9-10-130
When affidavits amendable§ 9-10-131
Bonds in judicial proceedings amendable§ 9-10-132
Amendment of misnomers on motion§ 9-10-133
Mistake by clerk or ministerial officerCite This Page — Counsel Stack
Bluebook (online)
Georgia § 9-13-121, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/9-13-121.