Magistrate - Post Judgement Filings
WRIT OF FIFA – A writ of Fifa is a document that is issued by the Judgment Court, then recorded by the County Clerk’s Office for the purpose of recording a lien on the judgment debtor’s property. It is also the legal instrument by which the Sheriff of a County may seize the assets of a judgment debtor. The Cost in Pickens County at the Magistrate Court is $4.00 and should be submitted to Magistrate Court, along with a check or money order of $25.00 made payable to The Pickens County Superior Court Clerk. Request forms with instructions are available on the website or in person at the Magistrate Court Office. A writ of Fifa may be issued on a default judgment case immediately. If the case was contested, then a writ of Fifa. may not be issued until 10 days after the date of judgment.
A writ of Fifa may also be used to perfect a lien upon any motor vehicles that the judgment debtor owns. There is a special process to go through in perfecting that judgment lien. Appropriate forms are available to you through the Georgia Department of Revenue, Division of Motor Vehicles. More information for that process can be found on the website: https://dor.georgia.gov/motor-vehicles/title-motor-vehicles/title-lien-and-security-interests
Once the Superior Court records the writ of Fifa upon the General Execution Docket, it is maintained by the Clerk of Superior Court. If you know of any other real property or seizable assets the judgment debtor owns in other counties, you can apply to have your writ of Fifa recorded upon the General Execution Dockets of those counties, as well. When the judgement is paid in full, you as the judgment creditor have the duty to see that the writ of Fifa is cancelled/satisfied on the appropriate General Execution Docket(s). There is an additional fee for this service, $25.00, Payable to the Clerk of Superior Court in the respective counties wherein the writ of Fifa is filed. Be sure to mail the satisfaction to the Magistrate Court office in Pickens County.
CURRENT FEES can be found by clicking the Filing Fees link located on the Home Page.
GARNISHMENTS – A garnishment is a separate legal action that is filed against the garnishee. The garnishee is a person or business entity that either owes funds to the judgment debtor or is holding funds on behalf of the judgment debtor. A garnishment could be used against a bank, credit union, employer, general contractor, etc. A garnishment is filed in the county where the garnishee is located. For Garnishments filed in Pickens Magistrate Court, the forms can be found on our website or in person at the Pickens County Magistrate Court Office.
CONTINUING GARNISHMENT – A continuing garnishment is used when the judgment debtor is a wage earner (employee). It lasts for a period of 1095 days and the appropriate sums will be deducted from the judgment debtor’s wages on a 30-day recurring basis until the entire judgment amount is collected, or until the expiration of 1095 days from the date of service, whichever event shall first occur. A continuing garnishment is filed in the County where the garnishee/ or their registered agent is located.
ONE TIME-FINANCIAL GARNISHMENT– Financial or One-Time Garnishments are filed when the garnishee is a bank or other financial institution. The creditor/plaintiff is seeking money or other property in the possession or control of the garnishee to collect the judgment amount, such as a banking account. The garnishee collects from the day of service and for the next 5 days.
POST-JUDGMENT INTERROGATORIES – The purpose of the Post-Judgment Interrogatories is to ascertain what assets, if any, the judgment debtor has in order to satisfy the judgment debt. The Magistrate Court has the power to enforce a response to the interrogatories with its contempt powers. Interrogatories have very specific steps, and the process can be lengthy. An overview of the procedures can be found on the instructions page with the interrogatories filing. Forms with instructions can be found on our website or requested after a judgment is obtained from a Magistrate Court Clerk.
Please note that this is only an overview of the various procedures available to you. You may wish to consult legal counsel if you have difficulties in collecting the judgment lawfully due to you.
Pickens County Magistrate Court
50 N. Main Street
Suite 150
Jasper GA 30143