Best Bankruptcy Lawyers in Atlanta, GA

Under Georgia law, a judgment lien attaches to “all the property of the defendant in judgment, both real and personal, from the date of such judgments.” O.C.G.A. § 9-12-80. But, with certain types of assets, the creditor actually has to take an additional step to actually “perfect” that judgment lien or ensure that it attaches to the property they are attempting to seize. Tangible Personal Property Once the court enters a judgment against you, that judgment attaches to all your tangible personal property such as your household furniture, hobby equipment, collectibles, vehicles, etc. A creditor can’t just show up to your house and start taking your stuff. First, the creditor must obtain a Writ of Fieri Facias (often referred to as a Fi.Fa.). This document is issued by the clerk of the court that entered the judgment. This document allows the sheriff to seize your personal property to satisfy the judgment. Most creditors would prefer to garnish a bank account or file the Fi.Fa. in the county where you live so that it attaches to a house you own. Real Property While the Georgia Code does state that the entry of a judgment binds all real property of the defendant, there is an extra step that must be taken to bind real property. The defendant MUST file a Writ of Fi.Fa. in the county where the real property (land or a house) is located to bind that property to the judgment lien. O.C.G.A. § 9-12- 86(b).