Have you recently won a legal judgment against another party and want to learn more about your rights to the other party’s personal property? Seizing someone’s private property may feel like an extreme measure, but it can be necessary when attempting to satisfy a civil judgment.
However, in order to successfully collect on a debt, you must first understand the laws and regulations that govern debt collection in Georgia.
What is a writ of fieri facias?
In some cases, you can seize personal property to satisfy a debt in Georgia. To take such action, a court must first issue a court order granting permission for you to do so.
The order is called a writ of fieri facias that allows the sheriff to collect on a judgment, whether it is getting the money or selling a sufficient amount of property owned by the defendant in order to satisfy the judgment. This writ is designed to help a plaintiff obtain enough money out of the assets held by the defendant to pay a money judgment. While it typically involves personal property, there may be some cases where the judgment is placed on real property.
There are certain types of personal property that cannot be seized to satisfy a debt, including household goods and furnishings, tools of the trade and other items necessary for the debtor’s subsistence.
Additionally, you cannot garnish wages or attach assets held in bank accounts in Georgia unless the court issues a special writ of garnishment.
Before attempting any sort of property seizure or wage garnishment, it is essential that you ensure that all legal requirements are met throughout the process.
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