How to Enforce a Judgment in Georgia: Legal Tools and Procedures
Winning a lawsuit is only half the battle—collecting on a judgment is where most plaintiffs get stuck. Georgia law provides powerful post-judgment remedies, but many businesses are unaware of the tools available to recover what they’re owed.
Whether you’ve won by default or after trial, it’s critical to understand your enforcement options and act quickly. Delay can result in lost assets, moved funds, or debtors who simply disappear.
What Happens After a Georgia Judgment Is Entered?
Once a Georgia court enters a judgment in your favor, it becomes a lien against the debtor’s property. But unlike criminal fines or tax obligations, civil judgments don’t collect themselves. You must take proactive steps to identify assets and compel payment.
Georgia law offers several post-judgment enforcement mechanisms under O.C.G.A. § 9-11-69 and related statutes.
Step 1: Record the Judgment
Before you can seize or garnish anything, you’ll need to record the judgment in the appropriate superior court clerk’s office. This puts the debtor’s assets—including real property—on notice of your claim.
If the debtor owns property in another Georgia county, you can “domesticate” the judgment by filing a certified copy there.
Step 2: Identify the Debtor’s Assets
To enforce the judgment, you need to find what the debtor owns. Georgia law allows for post-judgment discovery—including:
Interrogatories about income, accounts, and assets
Requests for production of bank records, tax returns, etc.
Subpoenas to third parties (banks, employers)
If the debtor fails to respond, you can seek a court order compelling answers—or even hold them in contempt.
Step 3: Use Garnishment to Seize Funds
Garnishment is one of the most effective ways to collect in Georgia. You can garnish:
Wages from the debtor’s employer
Bank accounts
Contract payments from third parties
Under Georgia’s revised garnishment laws (O.C.G.A. § 18-4-1 et seq.), you must file a garnishment action in the court that issued the original judgment. The process involves:
Filing an affidavit of garnishment
Serving the garnishee (e.g., employer or bank)
Receiving funds into the court registry
Obtaining a disbursement order
Timing matters: garnishments are only valid for a limited period (usually 29 or 45 days), so re-filing may be necessary.
Step 4: Levy and Execution on Property
If the debtor owns real estate or valuable personal property (vehicles, equipment, etc.), you can request a writ of fieri facias (“fi. fa.”) to authorize seizure and sale. The sheriff can levy on:
Real estate (recorded judgment lien required)
Vehicles, inventory, machinery
Other tangible property
Sales are conducted through sheriff’s auctions. Proceeds are applied to your judgment balance after fees.
Step 5: Consider a Charging Order or Receivership
For more complex cases—such as when the debtor owns an interest in an LLC or partnership—you may need a court-issued charging order to divert their distributions to you.
Receiverships are also available in some cases, especially where assets are being hidden or dissipated.
Act Quickly to Preserve Your Leverage
The longer a judgment sits uncollected, the harder it becomes to enforce. Assets can be transferred, accounts closed, or employers changed. Georgia judgments are valid for 7 years but can be renewed. Don’t wait until the debtor disappears.
If you have a judgment in hand and aren’t sure how to proceed, we can help.
Contact us today to discuss your options for turning a court judgment into actual recovery.