Georgia Statutes
§ 9-13-128 — Damages for delay; procedure following dismissal or withdrawal of illegality
Georgia § 9-13-128
JurisdictionGeorgia
Title9
This text of Georgia § 9-13-128 (Damages for delay; procedure following dismissal or withdrawal of illegality) 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. § 9-13-128 (2026).
Text
Upon the trial of an issue formed on an affidavit of illegality, the jury trying the case shall have power to assess such damages as may seem reasonable and just, not exceeding 25 percent of the principal debt, where it is made to appear that the illegality was interposed for delay only. Whenever an illegality is dismissed for insufficiency or informality or is withdrawn, plaintiff in execution may proceed as is provided in cases where claims are dismissed or withdrawn.
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Related
Glover v. Ware
510 S.E.2d 895 (Court of Appeals of Georgia, 1999)
Hunt v. Lee
404 S.E.2d 446 (Court of Appeals of Georgia, 1991)
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 § 9-13-128, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/9-13-128.