When a creditor wins a lawsuit in Georgia, collecting the money owed is not always easy. A judgment gives creditors the legal right to pursue repayment, but the actual process can be slow and complex.
Post-judgment, many creditors encounter difficulties recovering the full amount owed. Even with a court order, debtors may delay payment, hide assets or ignore attempts to collect.
Digging deeper
Many creditors focus on wage garnishments or bank levies, which are helpful but not always enough. Georgia law allows for several additional post-judgment tools that can improve recovery. Here are some underused methods:
- Fi. Fa. Recording: After getting a judgment, creditors can request a writ of fieri facias (Fi. Fa.) and record it with the superior court. This creates a lien on the debtor’s real property in that county, making it harder for the debtor to sell without settling the debt.
- Interrogatories to the debtor: Creditors can serve written questions that force the debtor to disclose assets, income and financial relationships. If ignored, it may lead to a contempt charge.
- Third-party discovery: If the debtor hides assets with others, creditors can use subpoenas to gather information from banks, employers or even family members.
- Reviving dormant judgments: In Georgia, judgments become dormant after seven years. Creditors can revive them within three more years to keep collecting.
These tools can be especially helpful when traditional methods stall or when a debtor becomes uncooperative.
Using them strategically can increase pressure on the debtor and uncover assets that might otherwise stay hidden. Each option has specific legal steps, so it is important to plan carefully beforehand.
Recovering a debt after judgment can take a long time, especially without the right legal tools. Creditors can consider working with a legal professional who understands collection laws and can push for full repayment legally and effectively.