Post Judgement Collections and Garnishments

Introduction

If you have proceeded through the suit, the answer and trial and now have a judgment, the next question is probably What do I do now? The process may seem complex, and you may prefer to seek the assistance of an attorney, but in general, here are the steps to follow:

Writs of fieri facias (fi.fa.)

A. A writ of fieri facias (usually called a fi.fa. and pronounced “fi.fay”) is a document that is issued by the Magistrate Court Clerk’s office for the purpose of recording 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. A fi.fa may be issued on a default judgment case immediately. If the case was contested, then in most courts a fi.fa. will not be issued until thirty (30) days after the date of judgment In very rare cases a court can accept an application for fi.fa in as few as ten days, however the risk is completely on you if you use the fi.fa. and the opponent wins on appeal, so it is a pretty good idea to wait the thirty day appeal period in any event. The cost for a fi.fa. is usually $7.00. Because of accounting issues in multiple courts, separate checks are often submitted to the Clerk of Magistrate Court and the Clerk of the Superior Court.

B. A fi.fa. may also be used to perfect a lien upon any motor vehicles that the judgment debtor owns. There is a special process to go through in perfecting that judgment lien. Appropriate forms are available to you through the Georgia Department of Revenue, Division of Motor Vehicles. You must send a self-addressed envelope, a check for $1.00 for each vehicle and a copy of the fi.fa. to: Department of Revenue, Motor Vehicle Division, Trinity-Washington Bldg., Atlanta, Ga., 30334.

C. The payment referred to in (A) above will result in the writ of fi.fa. being recorded by the Magistrate Court for you upon the General Execution Docket, which is maintained by the Clerk of Superior Court. If you know of any other real property or seizable assets the judgment debtor owns in other counties, you should apply to the clerks of such counties to have writ of fi.fa. recorded upon the General Execution Dockets of those counties, as well. There will be a cost per County of about $5.00. Keep track of these costs, because they are collectible against the judgment debtor.

D. When the judgment is paid in full, you as the judgment creditor have the duty to see that the fi.fa. is cancelled on the appropriate General Execution Docket(s). There is an additional fee for this service and that matter is handled through the Clerk of Superior Court in the respective Counties wherein the fi.fa. is filed. The judgment creditor may recover these costs from the judgment debtor as well. Anticipate $10 to record the satisfaction in the courts in which your fi.fa. was filed.

Garnishments

A garnishment is a separate legal action that is filed against the garnishee. The garnishee is a person or business entity that either owes funds to the judgment debtor, or is holding funds on behalf of the judgment debtor. There are two basic types of garnishments, Summons of Garnishment and Continuing Garnishment. Most of the time, if you are looking to attach an amount of money in a bank or credit union, or take money that is being held for the defendant in a case, the process is a Summons of Garnishment. This is the process used against a bank, credit union, employer, general contractor, etc. A garnishment is filed in the County where the garnishee is located. Cost for filing is around $56.00. Sheriff’s service of 2nd or subsequent summons is around $25.00 for each additional service.

Continuous garnishments

A continuing garnishment is another type of garnishment used when the judgment debtor is a wage earner. It lasts for a period of 180 days and the appropriate sums will be deducted from the judgment debtor’s wages on a 30-day recurring basis until the entire judgment amount is collected, or until the expiration of 180 days from the date of service, whichever event shall first occur. A continuing garnishment is filed in the County where the garnishee is located. Cost for filing is around $56.00.

Post judgment pleadings

The purpose of the Post-Judgment Interrogatories is to ascertain what assets, if any, the judgment debtor owns to satisfy this judgment debt. It can be as much as a five-step process as follows:

A. Plaintiff files his affidavit and the Interrogatories. They are available in the Clerk`s Office of the Magistrate Court. The cost varies according to what time they are filed. If filed within 30 days of the date of judgment, they are filed under the original case number and the cost is around $10.00. The Clerk`s office will serve the judgment debtor by certified mail with return receipt requested. If filed after 30 days of the judgment date, the interrogatories are assigned a new case number and the cost of filing is around $56.00. Service upon the judgment debtor would be by the Sheriff.

B. If the Interrogatories are not answered within 30 days, then the judgment creditor must file an Affidavit and Motion to Require Answers to the Interrogatories and the appropriate notice. This is served upon the judgment debtor by certified mail-return receipt requested.

C. If the judgment debtor fails to appear at the hearing, the Court may, in appropriate circumstances, issue an Order requiring the judgment debtor to answer the Interrogatories within 10 days. This is served upon the judgment debtor by certified mail-return receipt requested.

D. If there is no response to the Court Order requiring answers to the Interrogatories, then the judgment creditor must file an Affidavit and Motion to Invoke Sanction of Contempt for Defendant’s Failure to Answer Interrogatories, plus the appropriate notice. The Sheriff must personally serve this upon the Defendant. Also, a copy of the previous order is served upon the judgment debtor, as well.

E. If the Defendant fails to appear at the hearing, or in the event he does appear and does not have a legitimate reason for not answering the Interrogatories, then the Court may enter an Order for Incarceration. Judgment debtor is then arrested by the Sheriff and held in the County Jail until the Interrogatories are answered and approved by the Magistrate.

Please note that this is only an overview of the various procedures available to you. You may wish to consult legal counsel if you have difficulties in collecting the judgment lawfully due you. Typically, the Magistrate Court staff can assist you in filling out the forms hereinabove set forth.

Satisfying a garnishment

DO I HAVE TO DO ANYTHING AFTER MY JUDGMENT IS PAID?

If you are awarded a money judgment and the other side satisfies or pays that judgment, you must file a Satisfaction of Judgment with the Court. A judgment will appear on and damage a person’s credit report until it is satisfied. You could be liable for damages to that person if you allow the judgment to continue to appear after it has been paid.