§ 9-11-113.Form of complaint on claim for debt and to set aside fraudulent conveyance under Code Section 9-11-18

Chapter 11. Civil Practice Act · Article 10. Forms · Last amended 1980 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-11-113 gives a sample complaint combining a suit on a promissory note with a claim to set aside a conveyance the defendant allegedly made to defraud the plaintiff, joining the two claims under Code Section 9-11-18 and asking the court to void the transfer and impose the resulting judgment as a lien on the property.

Full Text of § 9-11-113

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IN THE ______________________ COURT OF ______________________ COUNTY STATE OF GEORGIA

A.B., ) ) Plaintiff ) ) Civil action v. ) File no.______________________ ) (Clerk will insert number.) C.D. and E.F., ) Defendants COMPLAINT The defendant C.D., herein named, is a resident of ______________________ (street), ______________________ (city), ______________________ County, Georgia, and is subject to the jurisdiction of this court. (Add appropriate statement about domicile of defendant E.F.)

1. Defendant C.D. on or about ______________________ executed and delivered to plaintiff a promissory note in the following words and figures: (here set out the note verbatim); (a copy of which is hereto annexed as Exhibit A); whereby defendant C.D. promised to pay to plaintiff or order on ______________________ the sum of $5,000.00 with interest thereon at the rate of ______________________ percent per annum.

Defendant C.D. owes to plaintiff the amount of said note and interest. 3.

Defendant C.D. on or about ______________________ conveyed all his property, real and personal (or specify and describe), to defendant E.F. for the purpose of defrauding plaintiff and hindering and delaying the collection of the indebtedness evidenced by the note above-referred to. Wherefore, plaintiff demands:

(1) That plaintiff have judgment against defendant C.D. for $10,000.00 and interest;

(2) That the aforesaid conveyance to defendant E.F. be declared void and the judgment herein be declared a lien on said property;

(3) That plaintiff have judgment against the defendants for costs.

______________________ Attorney for plaintiff ______________________ Address

End

Plain-English Summary

A creditor’s worst outcome is winning a judgment against a debtor who has already moved every asset out of reach. This form addresses that scenario head-on, letting a plaintiff sue the debtor for the underlying debt and the recipient of an allegedly fraudulent transfer in the same lawsuit.

Three numbered paragraphs build the claim: the debtor’s promissory note and its terms; the debtor’s failure to pay it; and the debtor’s later conveyance of “all his property, real and personal” to a second defendant “for the purpose of defrauding plaintiff and hindering and delaying the collection” of the debt. The closing demand asks for judgment on the note against the debtor, a declaration voiding the conveyance with the judgment made a lien on the property, and costs against both defendants.

The title itself points to the mechanism that makes this dual-purpose complaint possible: Code Section 9-11-18, governing joinder of claims and remedies, which lets a plaintiff combine a legal claim for money with an equitable claim to unwind a fraudulent transfer against two different defendants in one complaint.

Because the fraud allegation goes to the heart of the second claim, pleading it well calls for more than the debt count’s bare recitation of dates and amounts — a point the Civil Practice Act addresses separately by requiring circumstances of this kind to be stated with particularity.

Frequently Asked Questions

What two claims does this complaint combine?

A claim on an unpaid promissory note against the debtor and a claim to void a conveyance the debtor made to another person to defraud the plaintiff.

What Code Section does the form cite for combining these claims?

Code Section 9-11-18, governing joinder of claims and remedies.

What must the complaint allege about the conveyance?

That the debtor conveyed his property to the transferee for the purpose of defrauding the plaintiff and hindering or delaying collection of the debt.

What relief does the sample complaint request regarding the property?

That the conveyance be declared void and that the judgment on the note be declared a lien on the property.

Who are the defendants in this model complaint?

Both the original debtor, who signed the note, and the person who received the allegedly fraudulent conveyance.

Amendment History

Ga. L. 1966, p. 609, § 113; Ga. L. 1980, p. 649, § 11.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission. Last verified July 17, 2026. · Official source

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