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 where 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 the debtor cannot sell or borrow against the debtor’s real estate without paying off the judgment. This lien is good for 7 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 told so we can file the judgment and institute the lien in the other counties.
Once judgment is obtained, we can then file garnishments on employment, 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 at, we can require the debtor to appear for a post-judgment deposition to testify under penalty of perjury as to assets and to produce documents such as bank statements.
Georgia and Out-of-State Judgements 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 as to his employment, bank accounts, and real property. When appropriate we garnish wages, income, bank accounts and place liens on real property. If a debtor has transferred the house into his wife’s name, we may be able to get this reversed. Georgia law allows us to also take the depositions of “third parties”, even if not liable on the debt, if we believe they have information about the debtor’s assets.