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How To Defend An Earnout Claim As A Buyer Under Georgia Law

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When a Seller Sues Over a Missed Earnout: The Buyer’s Playbook in Georgia Key Takeaways: Defending an earnout claim in Georgia begins with the acquisition agreement’s text, since these disputes are contract cases first and negotiated language typically controls before any fairness argument. A missed milestone alone rarely proves breach: where the agreement uses a […]

What Is A Writ Of Fieri Facias In Georgia And How Does It Work?

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Turning a Georgia Money Judgment Into Actual Recovery Key Takeaways: A writ of fieri facias ("fi. fa.") in Georgia is the execution issued by the clerk after a money judgment, authorizing a sheriff to levy on and sell a debtor’s property. Recording the writ on the general execution docket in the county where property sits […]

What Is A Supersedeas Bond In Georgia And When Is It Required?

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Protecting Your Position While a Georgia Appeal Is Pending Key Takeaways: A supersedeas bond in Georgia is security posted with the trial court to suspend enforcement of a civil judgment during an appeal, but it’s not automatically required. Under O.C.G.A. § 5-6-46(a), filing a notice of appeal and paying all trial court costs generally acts […]

What Is Successor Liability In A Georgia Asset Purchase?

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Buying Assets in Georgia Without Inheriting the Seller’s Debts Key Takeaways: Successor liability may let creditors or the State of Georgia pursue a buyer for the seller’s obligations, even though the default rule in an asset purchase is that liabilities stay with the seller. Georgia’s O.C.G.A. § 48-8-46 requires a dealer selling or quitting a […]