[GA] How do I put a lien on a property?
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In Georgia, once you have a judgment, you can place what’s called a writ of fieri facias (fi. fa.) or judgment lien against the debtor’s real property. Here’s how it typically works:
Process:
- Get the fi. fa. from the court – After your small claims (magistrate court) judgment, request the clerk to issue a fi. fa. This is essentially the lien instrument.
- Record it with the county – File the fi. fa. in the county where the debtor owns property. Recording it puts the world on notice that there’s a judgment lien against the debtor.
- Effect of the lien – The lien attaches to any real property the debtor owns in that county. They generally can’t sell or refinance the home without satisfying your judgment first, since the lien must be cleared.
Cost:
- Court fee to issue the fi. fa.: usually around $20–30
- Recording fee with the county superior court clerk: usually $20–30 per page
➡️ You’re likely looking at less than $100 total in most cases.
Difficulty:
The process itself is fairly straightforward. The real challenge is enforcing the lien. While it clouds the title and pressures the debtor, you only get paid if:
- They refinance or sell, or
- You take further steps such as a sheriff’s levy and sale (which is more costly and requires strict compliance with Georgia law).
Validity:
Liens in Georgia remain valid for 7 years (renewable if re-recorded) (O.C.G.A. § 9-12-60(b)).
✅ Bottom line: Placing a lien on the home in Georgia is inexpensive and relatively simple. It may not get you paid right away, but it secures your place in line for payment when the debtor sells or refinances. If you have any follow-up questions, please let me know. Best of luck.
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I won a judgment back in January 2023 in small claims court for about $6,400 + 10.5% annum interest. This person owns a home, and has no intention on paying. How costly/difficult is it to put a property lien on this home?
I understand how frustrating it can be to deal with someone who isn’t honoring a judgment. Have you already attempted to contact the person regarding the payment?
Yes, but it’s fruitless.
Do you know if the property is solely owned by this individual or if there are other owners involved?
Solely.
Is there anything else the real estate lawyer should know before I connect you? Rest assured they’ll be able to help with placing a property lien on the individual’s home.
Yes.
Hello. I am Richard. What state are you in?
Georgia.
In Georgia, once you have a judgment, you can place what’s called a writ of fieri facias (fi. fa.) or judgment lien against the debtor’s real property. Here’s how it typically works:
Process:
- Get the fi. fa. from the court – After your small claims (magistrate court) judgment, request the clerk to issue a fi. fa. This is essentially the lien instrument.
- Record it with the county – File the fi. fa. in the county where the debtor owns property. Recording it puts the world on notice that there’s a judgment lien against the debtor.
- Effect of the lien – The lien attaches to any real property the debtor owns in that county. They generally can’t sell or refinance the home without satisfying your judgment first, since the lien must be cleared.
Cost:
- Court fee to issue the fi. fa.: usually around $20–30
- Recording fee with the county superior court clerk: usually $20–30 per page
➡️ You’re likely looking at less than $100 total in most cases.
Difficulty:
The process itself is fairly straightforward. The real challenge is enforcing the lien. While it clouds the title and pressures the debtor, you only get paid if:
- They refinance or sell, or
- You take further steps such as a sheriff’s levy and sale (which is more costly and requires strict compliance with Georgia law).
Validity:
Liens in Georgia remain valid for 7 years (renewable if re-recorded) (O.C.G.A. § 9-12-60(b)).
✅ Bottom line: Placing a lien on the home in Georgia is inexpensive and relatively simple. It may not get you paid right away, but it secures your place in line for payment when the debtor sells or refinances. If you have any follow-up questions, please let me know. Best of luck.
Thanks.
