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Slappey v. Slappey

In this suit to foreclose a laborer's special lien, there was reasonable cause to believe a valid debt existed.

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This is an appeal from a judgment in favor of the defendant in an action to foreclose a laborer’s special lien. Edward Slappey filed a Notice of Lien Foreclosure on Personal Property, pursuant to OCGA § 44-14-550, along with the necessary affidavit, in order to assert a lien against the proceeds of a cotton crop owned by his son, Blake Slappey. In his lien affidavit and amended affidavit, Edward averred that he was entitled to a laborer’s special lien, pursuant to OCGA § 44-14-381, for a debt totaling $82,500 on the proceeds of Blake’s cotton crop because he had planted 500 acres of the crop and picked 1,000 acres of the crop.

AgGeorgia Farm Credit, ACA “AgGeorgia”, a recorded lienholder on the proceeds of Blake’s cotton crop, filed a petition for a probable cause hearing, pursuant to OCGA § 44-14-550 3, challenging the validity of the debt upon which Edward was seeking to foreclose. After the hearing, the trial court entered an order denying foreclosure, finding that Edward had not validly asserted the lien under OCGA § 44-14-381, and this appeal followed. For the following reasons, we reverse.

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