In Georgia, a judgment lien [property lien] is an effective tool to collect on a judgment.
A Judgment Lien Attaches to Real Property, but…
A Georgia judgment lien attaches to all judgments obtained in the superior courts, magistrate courts, and all other Georgia courts. O.C.G.A. § 9-12-80.
A judgment lien is often portrayed as ‘floating’ because the lien covers all property acquired by the defendant after the issuance and execution of the judgment against the defendant. Crossroads Bank of Georgia v. Corim, Inc., 262 Ga. 364, (1992); Cooper v. Caribou Invs. LLC (In re Wisner) (Bankr. N.D. Ga. 2018).
Though a judgment lien attaches to all judgment issued in Georgia, the creditor must take an additional step to actually “perfect” the judgment lien or guarantee that it attaches to the real property the judgment holder is trying to capture.
A judgment does not attach to or become a lien on the title to real property until the writ of fieri facias [FiFa] is issued and indexed with the clerk of the superior court of the county where the real property is located. O.C.G.A. § 9-12-86(b). Cooper v. Caribou Invs. LLC (In re Wisner) (Bankr. N.D. Ga. 2018)
What is a Writ of Fieri Facias (Fi Fa)?
A Writ of Fi Fa is the document issued by the Clerk of Court’s Office to record a lien on the judgment debtor’s property. It is also the legal instrument by which the sheriff of a county may seize the assets of a judgment debtor.
How long is a FiFA good for in Georgia?
Writ of Fieri Facias will expire after seven years from the date of filing with the superior court’s clerk’s office. But you can renew your Fi-Fa is by requesting a Nulla Bona from the Sheriff’s Office.
Aggressive, Cost-Effective, and Efficient Legal Service
At Diwan Law, we will handle your judgment collections while you concentrate on moving forward with your business and life. Once you receive a judgment, we will work swiftly and efficiently to secure your money and assets.
Contact An Experienced Georgia Commercial Collection Lawyer
For effective commercial collection services and judgment collection, contact the Georgia commercial collection attorney at our law firm by calling 404-635-6883.
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Obtaining a Georgia judgment against a defendant is just the first step in recovering what you are owed, but completing the judgment collection process is complicated and successful debt collection requires the assistance of an experienced debt collection lawyer. Diwan law provides legal advice for all aspects of debt collection.
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