You won. The jury awarded $500,000. The judgment is entered.
But the defendant isn’t paying. Their insurance covered only $100,000. Now you have a judgment for the remaining $400,000 against someone who says they have nothing.
A judgment is just paper until it’s collected. Georgia provides tools for turning that paper into money.
Why Collection Is Difficult
Winning a judgment and collecting it are separate challenges. Many judgment debtors are judgment-proof, meaning they have no attachable assets.
Personal injury defendants often have limited personal wealth. Their insurance was the real target all along. When that’s exhausted, the defendant personally may have little.
Some defendants actively hide assets, transfer property to family members, or take other steps to frustrate collection. Others genuinely have nothing.
Evaluating collectability before trial affects case strategy. A $1 million verdict against someone with no assets and no insurance is worth less than $100,000 from a well-insured defendant.
Recording the Judgment
The first step in collection is recording the judgment. In Georgia, judgments become liens on real property when properly filed.
Filing a certified copy of the judgment in the county where the defendant owns property creates a lien against that property. The defendant can’t sell or refinance without addressing your judgment.
File in every county where the defendant might own property. A statewide lien search can identify recorded real estate.
The Fi. Fa.
Georgia uses the writ of fieri facias, or Fi. Fa., to enforce money judgments. The Fi. Fa. is issued by the court and directs the sheriff to levy on the defendant’s property.
The Fi. Fa. identifies the judgment and authorizes seizure and sale of non-exempt property. It’s recorded on the county’s general execution docket.
Once recorded, the Fi. Fa. creates a lien on all the defendant’s property in that county, both real and personal property.
Post-Judgment Discovery
You can’t collect what you can’t find. Post-judgment discovery helps identify assets.
Post-judgment interrogatories ask about bank accounts, real property, vehicles, investments, income sources, and other assets. The defendant must answer under oath.
Document requests seek financial records, tax returns, bank statements, and property records.
Debtor’s examinations bring the defendant before the court for questioning about assets. Failure to appear can result in contempt.
Third-party discovery can target banks, employers, and others who may have information about the defendant’s assets.
Garnishment
Wage garnishment attaches a portion of the defendant’s paycheck. In Georgia, up to 25% of disposable earnings can be garnished for judgment debts.
Bank account garnishment reaches funds in the defendant’s accounts. When served with a garnishment, the bank freezes available funds and pays them to satisfy the judgment.
Garnishment of other debts owed to the defendant, like accounts receivable or rental income, can also be effective.
Garnishment requires proper procedures. Incorrect garnishment attempts can be challenged and dismissed.
Exempt Property
Not everything can be taken. Georgia law protects certain property from judgment execution.
Homestead exemptions protect equity in the defendant’s residence. Georgia’s exemption is relatively modest but provides some protection.
Personal property exemptions cover clothing, household goods, and certain other necessities up to specified values.
Retirement accounts generally receive strong protection from creditors under both federal and state law.
Tools of the trade and certain vehicles may be partially exempt.
Understanding exemptions helps evaluate what’s actually reachable. A judgment debtor with only exempt assets remains effectively judgment-proof.
Fraudulent Transfers
Some defendants try to escape collection by transferring assets to family members or friendly entities. These transfers may be voidable.
Georgia’s Uniform Voidable Transactions Act, found at O.C.G.A. Section 18-2-70, allows creditors to void transfers made with intent to defraud or for less than reasonably equivalent value when the debtor was insolvent.
Proving fraudulent transfer requires showing suspicious circumstances: transfers to relatives, below-market prices, transfers around the time of the judgment, or debtor retention of possession.
Successful fraudulent transfer claims bring the transferred assets back within reach.
Judgment Liens on Real Property
Georgia judgments remain enforceable for seven years and can be renewed. During that time, liens attach to any real property the defendant acquires.
When a defendant with a recorded judgment against them tries to sell property, the title company identifies the judgment lien. Either the judgment gets paid from sale proceeds, or the sale doesn’t close.
Patient creditors sometimes wait years for circumstances to change. The defendant inherits property, buys a home, or refinances, and suddenly the judgment attaches to assets that didn’t exist before.
Domesticating Foreign Judgments
If you have a judgment from another state, Georgia’s Uniform Enforcement of Foreign Judgments Act allows domestication. Filing the foreign judgment with a Georgia court gives it the same force as a Georgia judgment.
This is important when defendants have assets in Georgia but the case was tried elsewhere.
Assignment and Sale of Judgments
Judgments can be sold to collection agencies or investors who specialize in judgment recovery. They pay a fraction of face value but handle all collection efforts.
This option provides immediate cash when collection looks difficult. The tradeoff is receiving cents on the dollar.
Partial sales are possible. Selling a portion of a judgment raises immediate funds while retaining upside if collection succeeds.
Persistence and Patience
Judgment collection often requires both. Defendants’ circumstances change over time. Someone judgment-proof today may have attachable assets in five years.
Stay informed about the defendant’s situation. Periodic asset searches identify changes. Renewed collection efforts can attach newly acquired property.
Interest accrues on judgments. Georgia’s post-judgment interest rate means the judgment grows while you wait for collection opportunities.
Practical Reality
Many personal injury judgments beyond insurance limits are uncollectible. Defendants without substantial assets can’t pay what they don’t have.
This reality affects pre-trial decision-making. Cases against uninsured or underinsured defendants require careful evaluation of potential collection.
When insurance limits are inadequate but some personal assets exist, negotiating payment plans or partial satisfaction sometimes makes sense. Getting something beats getting nothing.
Collection is the unglamorous conclusion to personal injury litigation. Understanding Georgia’s collection tools helps you pursue every available dollar.
Judgment collection involves technical procedures and strategic considerations that vary by debtor circumstances. This article provides general information about collection in Georgia. For specific guidance about collecting a judgment, consult with a Georgia attorney experienced in creditors’ rights.