2010 Georgia Code 48-4-22 Case Law
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One Click Case Law for § 48-4-22
O.C.G.A. § 48-4-21 <-- --> O.C.G.A. §48-4-23



2010 Georgia Code

TITLE 48 - REVENUE AND TAXATION

CHAPTER 4 - TAX SALES
ARTICLE 2 - PURCHASE BY COUNTIES
§ 48-4-22 - Authority of counties to buy property sold under tax executions; finality of tax execution sales; issuance of "Bill of Sale for Personal Property."

O.C.G.A. 48-4-22 (2010)
48-4-22. Authority of counties to buy property sold under tax executions; finality of tax execution sales; issuance of "Bill of Sale for Personal Property."


(a) The governing authority of any county may purchase and hold in its official capacity any personal property offered for sale by virtue of tax executions, except that the governing authority may bid on the personal property only when other bids do not cover the amount of tax executions, accrued interest, penalties, and costs.

(b) The governing authority of the county shall not bid more for the property than the amount of taxes, accrued interest, penalties, and costs. The governing authority, upon bidding on any property, shall draw its warrant on the county treasurer to pay to the levying officers the costs due on the tax executions and costs accrued in effecting tax sales. The governing authority of the county shall not be required to pay the proportionate part of the taxes due the state, any school district, or any other political subdivision or authority of counties by virtue of the tax sale until the personal property is resold by the governing authority of the county in the manner provided by law.

(c) When personal property is sold under tax executions at a tax sale, the sale is final.

(d) The officer authorized to conduct tax sales shall issue a "Bill of Sale for Personal Property" to the purchaser at the tax sale, and it shall be substantially as follows:


STATE OF GEORGIA


COUNTY


BILL OF SALE FOR PERSONAL PROPERTY

This assignment made , between the tax commissioner and ex
officio sheriff of County, and , as purchaser,
Witnesseth: That,
Whereas, in obedience to writ(s) of fieri facias issued against
, the taxpayer and defendant in fi. fa., for unpaid state,
county, and applicable school taxes for the years , said tax
commissioner and ex officio sheriff of County did on ,
seize, levy, and serve notice on the within described personal property
and, after the same being duly advertised agreeable to law, expose the
said property within the legal hours of sale, at public outcry before
the courthouse door in County, Georgia, on the day and year
first above written, when and where the same was knocked down to the
named purchaser for the highest and best bid amount shown below, said
purchaser being the highest and best bidder.
Now, therefore, in consideration of the sum of $ , receipt of
which is hereby acknowledged, the tax commissioner and ex officio
sheriff of County does assign, bargain, and sell, so far as the
office of ex officio sheriff authorizes him, unto the said purchaser,
heirs, and assigns,



To have and to hold the said described personal property, together
with all the rights and also all the estate, right, title, interest,
claim, or demand of the said taxpayer and defendant in fi. fa., heirs,
and assigns, legal, equitable, or otherwise whatsoever, in and to the
same, unto the said purchaser, heirs, and assigns.
In witness whereof, the said tax commissioner and ex officio sheriff
of County has set his hand and affixed his seal hereto on the
day and year first above written.

Tax commissioner and
ex officio sheriff of
County, Georgia
Signed, sealed, and
delivered in the
presence of:

Unofficial
witness

Notary public

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com