We obtain your permission to file suit. Once the lawsuit is filed, we attempt to obtain judgment by default, summary judgment or judgment on the pleadings when possible. If this is not possible, we are prepared to go to trial.
A judgment is simply a court order and a piece of paper that gives us the go-ahead to take further legal action. In Georgia, judgments are liens on all real estate owned by the debtor. This means that the debtor cannot sell or borrow against the debtor’s real estate without paying off the judgment. This lien is good for seven years and can be renewed. If the debtor owns real estate in counties other than the county in which the lawsuit is filed, we must be informed of it so that we can file the judgment and institute the lien in the other counties.
Once judgment is obtained, we can then file garnishments on employment, on bank accounts or against any third party that owes the debtor money. If the client does not know where the debtor is employed or banks, we can require the debtor to appear for a post-judgment deposition to testify under penalty of perjury regarding their assets and to produce documents such as bank statements.
Georgia And Out-of-State Judgments Against Georgia Debtors
If you hold a judgment against a Georgia debtor from a court outside of Georgia or from any Georgia or federal court, we will undertake collection action for you. We have experience enforcing and collecting Georgia judgments and out-of-state judgments. We will make a demand, and if the debtor refuses to pay, we will commence garnishments on the debtor’s employment wages and bank accounts.
Discovering Where The Money Or Assets Are Located
We can require a debtor to testify under oath regarding their employment, bank accounts and real property. When appropriate, we garnish wages, income and bank accounts and place liens on real property. If a debtor has transferred the house into their spouse’s name, we may be able to get this reversed. Georgia law also allows us to take the depositions of third parties, even if they’re not liable on the debt, if we believe they have information about the debtor’s assets.