Post-Judgment Collections

Winning a lawsuit in Georgia is only half the battle if you still have not been paid. Our Atlanta post-judgment collections attorneys help you take the next step by enforcing your judgment and recovering what you are owed. From wage and bank garnishments to property liens and discovery, we guide you through the process and work to secure payment.

Winning a lawsuit and obtaining a judgment in Georgia is an essential first step, but it does not guarantee that you will actually get paid. A judgment is a court order that confirms someone owes you money, but it does not automatically result in payment. To collect what you are owed, you may need to take legal steps known as post-judgment collections. These actions are designed to enforce a judgment and help creditors recover debts.

The Georgia Judgment Process

When you are owed money in Georgia, you can file a lawsuit against the debtor. If you win, the court issues a judgment confirming that the debtor legally owes you a specific amount.

A judgment remains valid for seven years in Georgia, and you can renew it if the debt is not paid. With a valid judgment, you gain access to post-judgment collection tools that can help you recover the money.

Post-Judgment Collection Options in Georgia

Georgia law provides several ways for creditors to enforce a judgment:

Writ of Fieri Facias (Fi. Fa.)

A Writ of Fi. Fa. is issued by the Clerk of Court and allows a creditor to place a lien on the debtor’s property. It can also authorize the sheriff to seize assets such as vehicles. If you obtained a default judgment, you can request the Writ immediately. If the case was contested, you must wait 10 days before requesting it. A lien typically must be satisfied before the debtor can sell or refinance property. Certain assets, however, are exempt from seizure.

Wage Garnishment

With a garnishment order, the debtor’s employer withholds part of their paycheck and sends it directly to the creditor. Georgia law limits the amount that can be garnished to 25% of disposable earnings or the amount above 30 times the federal minimum wage, whichever is less.

Bank Account Garnishment

Georgia law also allows creditors to garnish a debtor’s bank account, with no set limit on the amount. Protected funds, including Social Security benefits and veterans’ benefits, cannot be garnished.

Post Judgment Discovery

If you do not know whether a debtor has assets that can be seized or garnished, Georgia law allows for post-judgment discovery. Creditors can send written questions, schedule depositions, or request financial documents. If the debtor refuses to cooperate, the court can order them to appear and compel compliance.