Cal. Civ. Code § 44-7-81
Claims by third persons; oath and bond; method of trial.
Operative Text
A third person may make a claim to the distrained property by giving the oath and the bond as is required in cases of other claims. Such a claim shall be returned and tried as is provided by law for the trial of the right of property levied upon by execution.
Under O.C.G.A. § 44-7-81, when property has been distrained (seized as security for unpaid rent), a person who is neither the landlord nor the tenant but who claims ownership of or an interest in that property has a formal mechanism to assert that claim. To do so, the third party must submit a sworn oath and post a bond, following the same requirements used in other property-claim proceedings. Once filed, the claim is returned and adjudicated through the same legal process used when property is levied upon by execution.
Plain English — not legal advice.
Landlords and property managers operating under Georgia's distress statutes should be aware that O.C.G.A. § 44-7-81 gives outside parties a recognized legal avenue to contest a distraint. When a third-party claim is properly filed with the required oath and bond, the matter moves into a formal trial-of-right-of-property proceeding, which can pause or complicate the landlord's recovery of unpaid rent through distrained goods. Compliant operators typically maintain clear records of what property belongs to the tenant versus third parties to reduce the likelihood of such disputes arising.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you are a tenant whose landlord has distrained property that actually belongs to someone else—a roommate, a family member, or a business partner—that third party has rights under O.C.G.A. § 44-7-81 to formally contest the seizure by filing a sworn oath and a bond. The claim then proceeds through a court process designed to determine who rightfully owns the property. Affected third parties or tenants in this situation may wish to consult a tenant-rights organization or legal aid office familiar with Georgia landlord-tenant law to understand the procedural steps involved.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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