Statutes > Georgia Statutes > TITLE 9 - CIVIL PRACTICE > CHAPTER 13 - EXECUTIONS AND JUDICIAL SALES > ARTICLE 6 - ILLEGALITY > § 9-13-121 - Affidavit of illegality -- To show lack of service; not available to go behind judgment

§ 9-13-121 - Affidavit of illegality -- To show lack of service; not available to go behind judgment

O.C.G.A. 9-13-121 (2010)
9-13-121. Affidavit of illegality -- To show lack of service; not available to go behind judgment


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.