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How can I collect judgment obtained in superior court?

Tucker, GA |

Is the plaintiff entitled to collect fee incurred in connection with collection of judgment?

Attorney Answers 2

Posted

Your question has some fact gaps, but in general, if the court awards you a judgment, and the court includes attorneys fees or costs of collection in the judgment, you can get those back as part of the overall judgment. If you have a judgment, and if you garnish the defendant's accounts or wages to collect the judgment, you can collect the court costs of filing the judgment. Other costs would have to be based on an independent claim or right rather than just the judgment itself.

This answer is for general purposes only, and it does not create an attorney-client relationship.

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Posted

To begin, you should ask the clerk to issues a FiFa which records the judgment on the general execution docket which has the effect of making the judgment a lien on all property of the judgment debtor in the county where it is recorded. If the judgment debtor owns property in another county, you should also ask for a FiFa in the other county. Before commencing collection activity you should wait thirty days to make sure the defendant doesn't appeal. Once 30 days have passed, if the defendant owns personal property you can ask the sheriff of the county to levy on the property. Good luck.

The answer given is for informational purposes only and does not constitute legal advice. Dwight Bowen is a bankruptcy and consumer attorney and may be contacted at (404) 880-3310.

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