C. E. Morgan Building Products, Inc. v. Safe-Lite Manufacturing, Inc.

Marshall, Justice.

In the present case, the Court of Appeals held that where a party seeking to foreclose a security interest in personal property sues out a writ of possession based on a petition not under oath, in violation of Code Ann. § 67-702 (Ga. L. 1974, pp. 398, 399, as amended), the proceedings are rendered void. We reverse.

The failure to verify a petition for writ of possession under Code Ann. § 67-702 is an amendable defect under the CPA and does not render the proceedings void. Mellon Bank v. Coppage, 243 Ga. 219 (253 SE2d 202) (1979). An amendable defect in the pleadings is cured…