Collecting The Judgment

In many cases, collecting the judgment is harder than proving a case in Court. THE COURT DOES NOT COLLECT THE JUDGMENT FOR YOU. If you receive a judgment and you are not voluntarily paid, there are several methods of collection the law provides (provided that the party is not indigent). Upon receiving a judgment from the Court the following methods of collection are available to you:

A. You may request the Court issue a fieri facias (fi.fa.). The fi.fa., (proof of your judgment) once issued, places a lien against the losing party and any property he or she may own. The cost for issuing and recording the fi.fa. on the General Execution Docket is County specific and around $5.00. You may also take the fi.fa. and have it recorded in any county in Georgia. If you need to record the fi.fa. outside the State of Georgia , you should consult an attorney.

B. You may also file a garnishment against wages or a bank account. Garnishments are typically filed through the Magistrate Court. Garnishments filed against wages are filed in the County where the employer is located. Garnishments filed against a bank account should be filed in the County where the bank is located.

C. You may also levy against real and personal property. Having the Clerk issue a fi.fa. starts this process. Since the fi.fa. is proof of having a judgment, the Sheriff will require the fi.fa. to levy against any personal property. If you want to levy against real property you should contact an attorney for the procedure.

D. You may also elect to turn your judgment over to an attorney or a collection agency for collection.