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A property lien may be utilized to collect a court judgment in Georgia. This is how it works.
In a civil court matter, a judgment is issued by the court after a judge or jury renders a verdict – or after a court-approved settlement. A typical judgment includes an order for money to be paid from one person to another. However, the individual who owes the money (the debtor) does not always pay it back. A judgment lien is one method of ensuring that the person who obtained the judgment (the creditor) receives what is due to him or her. A judgment lien grants the creditor the right to receive a set amount of money from the profits of the debtor’s property sale.
What types of property are susceptible to a judgment lien in Georgia?
A judgment lien in Georgia may be connected to the debtor’s real estate (a home, condo, land, or other similar kind of property interest) or to the debtor’s personal property (items like jewelry, art, antiques, and other valuables).
In Georgia, how can a creditor get a judgment lien?
To attach a lien to real estate, the creditor files the judgment with the superior court clerk in the Georgia county where the debtor now resides or may afterwards reside. For liens on personal property, the creditor records a judgment on the execution docket held by the clerk of the superior court in the Georgia county of the debtor’s home.
In Georgia, how long does a judgment lien last?
In Georgia, a judgment lien remains connected to the debtor’s property for seven years (even if the property changes ownership) (whether the lien is attached to real estate or to personal property).
Keep in mind that in Georgia, a creditor’s ability to collect under a judgment lien is influenced by a number of factors, including a fixed amount of value that cannot be touched if the property is the debtor’s primary residence (known as a homestead exemption), other liens that may be in place, and any foreclosure or bankruptcy proceedings. If matters get problematic, you should consult with an expert Georgia bankruptcy and debt attorney to assist you in resolving any lien concerns.
Where can I get information on Georgia law regarding judgment liens?
If you want to go straight to the source and seek up Georgia laws on judgment liens – whether you’re a party to a judgment or merely looking into possible encumbrances on property – the appropriate statute(s) may be found in Ga. Code Ann. Sections 9-12-81 to 82, 9-12-60, 9-12-83, and 9-12-86.