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Post judgement Interrogatories


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Hey I'm new to this board and would appreciate any help from an expert. A family member of mine was recently served this interrogatory. We wanted to know what recourse do we have and what action can be taken against him by the creditor. Can his house or other assets be seized and auctioned off and is there still time to negotiate a settlement ? Any help would be appreciated and I am happy to answer any questions you may have. Thank you

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I am not sure about GA law but I assume this person has a judgement against them and the time for appeal has expired at this point.

If the above it the case, they have to answer these questions or risk criminal charges of contempt of court. They have no choice in the matter at this point. As far as what can be done, you need to look up what GA exemptions are as well as if the person falls under any addition federal exemptions such as Social Security or Unemployment.

Generally, most creditors go after the easy stuff. They garnish wages and attach bank accounts. If the person obtains income from an exempt source such as social security and it is direct deposited, make sure the bank is informed of that fact so that they do not let an attachment go through anyways (they are not suppose to but they charge a fee for it and so they follow along anyways).

 

As for car and house, they can attach a lien and sell but most of the time, they do not do so. For a car, they value to use is the auction value (what the car would fetch at auction), not private sale or dealer sale. They would have to pay storage and repo fees. Plus, they have to give the exemption amount back to the debtor and pay off any auto loans before taking any proceeds. The same goes for a home, they have to go through the foreclosure process, pay off any notes, pay the debtor back any exemption amounts and then take their proceeds. There is usually nothing there (especially after the housing meltdown).

 

They will however put a lien on the house because they can simply wait for the house to be sold or refinanced which then requires the lien to be taken care of to obtain and/or transfer clean title. They will not bother with the car unless they want a useless hunk of junk on their property.

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Let me guess they didn't show up for court and did not show up or respond to the aid of execution hearing against them.

 

This is what they have to look forward to by not fighting the claim.

 

Georgia's Garnishment rules are found in O.C.G.A. Title 18 Chapter 4 Article 4

 

Georgia follows the federal rules for the amount of a garnishment, which allows up to 25% of a worker's wages to be garnished.

 

In Georgia, levy is allowed under O.C.G.A. § 9-13-50 & O.C.G.A. § 9-13-16.

 

Levy is allowed if the plaintiff possesses a legal instrument known as Fieri Facias, which is a writ commanding the sheriff to seize and sell as much of a debtor's property as is necessary to satisfy a creditor's claim.

 

O.C.G.A. § 9-12-81 allows a lien for a money judgment. Under O.C.G.A. § 44-14-361, mechanics and contractors (and similar laborers and professionals) have the right to place a lien on a property.

 

O.C.G.A. 9-12-81 (2010)
9-12-81. General execution docket; when money judgment in county of defendant's residence creates lien against third parties without notice.
 

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Under the United States Constitution, a judgment obtained in one state is to be given full faith and credit in other states of the United States. Article 4, Section 1 of the Constitution states: "full faith and credit shall be given in each State of the public acts, records, and judicial proceedings of every other State. And the Congress may by general laws prescribe that manner in which such acts, records, and proceedings shall be proved, and the effect thereof."

Generally, judgments across state lines can be enforced in one of two ways:

1. A new law suit may be filed based on the judgment.

2. Alternatively, in those states that have adopted the Uniform Enforcement of Foreign

Judgments Act (the Act), a foreign judgment (defined as a judgment of any state or federal

court) may be registered by filing an exemplified copy of the foreign judgment with the

appropriate office of the Court and notifying the debtor of the filing.

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A creditor would be able to seize those assets by filing for a foreign judgement. They have to follow the exemption laws in that state however.

Realize that what the creditor is looking for is the easiest way to satisfy the judgement. Out of state accounts are not as easy as in state accounts because it takes longer to attach and gives the debtor time to clean out the account.

 

If the out of state asset is real estate, then more likely, the homestead exemption is not valid for the property and the creditor will probably foreclose (if the out of state asset is real estate, then consider selling before the creditor can get it. You will get a better price than they would at a foreclosure auction). Out of state real estate has the same issues as an other real estate in the sense that any mortgages will come first.

 

As for any other asset such as cars and furniture, the creditor can take them but do not want them because the cost of taking them exceeds the value they would get from it for the most part. They would probably do this if they really wanted to scare a debtor but if they go that far, bankruptcy may not be far behind.

Please, look at state exemption amounts too. This is the property that is protected from judgement and if taken, the creditor must pay you the exemption amount after any other liens and before any costs and they take their share for the judgement.

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