Georgia judgment records are documents generated to provide an account of Georgia court's decisions on legal cases. Most judgment records in courthouses across Georgia have public access authorization under the Georgia Open Records Act of 1959. However, this does not apply to all decision files. The sensitive nature of some judgment documents may call for the restriction of access to certain content pertaining to a case. For instance, courts classify verdict records involving juvenile proceedings and block such files from public view. Nevertheless, like most Georgia court records, selected judgment records are available to the public. In addition, other sealed judgment records are not entirely inaccessible, as court-authorized persons, such as law enforcement officers and parties to the case, may still gain access.
What is a Judgment?
A judgment in Georgia is a court pronouncement that determines the rights and obligations of each party in a dispute. Depending on the circumstances, a decision usually comes in either oral form or written form. Courts provide oral judgments at the end of a hearing due to packed caseloads or cases that require urgent verdicts. In contrast, courthouses use written judgments when making verdicts involving complex decisions or where a party is likely to appeal.
Despite most judgments being monetary, they may also be non-monetary. Monetary judgments follow lawsuits involving requests for damages after an injury or breach. The court mandates the loser of the case to pay a specified amount of money to the winning party. A non-monetary judgment usually entails compelling a party to take actions, e.g., order a tenant to vacate a property.
Georgia Judgment Laws
The Georgia Code of Civil Practice defines the judgment laws of the state. It specifies different provisions on the nature, types and forms of judgments, lifespan and renewal, and liens and enforcement.
What is Judgment Lien?
A judgment lien (GA Code § 9-12-80) is a legal tool used to ensure that the party who won the case gets reimbursed. After a judge or jury passes a verdict in a civil court case, or after the court approves a settlement, the court enters a judgment. As with most decisions, the court allows a party to pay another party an amount of money. However, what happens most times is that the borrower fails to pay up. Through a judgment lien, proceeds from the sale of the debtor’s assets are usable as settlement of money owed to the creditor. In Georgia, a judgment lien remains attached to a debtor’s property for seven years, regardless of whether there has been a change of ownership on the property.
What is a Georgia Summary Judgement?
Following GA Code § 9-11-56, a Georgia summary judgment is a procedure that the court or any of the parties to a case may use to conclude a legal action (or part of it) without a trial. To pass a summary judgment, the court considers significant factors like the actual probability of the success of a claim and the absence of a compelling reason for a trial.
What is A Summary Judgment Motion In Georgia?
A summary judgment motion is a request to the judge to consider all the evidence on record and issue a verdict in favor of the movant. If the motion for summary judgment is successful, it stops the case. During or after the discovery phase of a claim, a party (or both) may tender a Motion for Summary Judgment.
Before a court rules on the request, the court considers all available elements of the case, such as pleadings, depositions, and affidavits, to decide whether there is a sufficient reason and whether the moving party is legally eligible for summary judgment.
Georgia Judgment Record Search
Judgment records in Georgia are primarily public records, and it is within the rights of citizens to access these records in state courts. However, the right of access is not definite, and specific circumstances may restrict public access to judicial records. Georgia judgment files are obtainable at the courthouse where the case took place. Information on locations and phone numbers of the state courts in Georgia is accessible via the Judicial Branch of Georgia’s website. Georgia’s judgment record search is also possible online.
How Do I Look Up a Judgment In Georgia?
To look up a judgment in Georgia, the first step a party must take is to find out where the case hearing occurred. Usually, the courthouse that handles the case keeps the official records of the legal action, and upon request, grants access to documents in paper or electronic format. In Georgia, judgment records are accessible through an in-person request at the courthouse or via an online request.
In-person Request
An individual looking to view a judgment may inquire at the Court Clerk’s Office. The application should specify the case in question and provide all the needed information to help with the search. However, each court has specific procedures on how to look up judgment and the fees that apply. The court clerk may provide additional information and answers to inquiries.
Online Request
A requestor may also check for a judgment online through the E-Access Court Records portal. Upon signing up, an interested party may choose the applicable court and follow the instructions. The portal may require information such as the user’s first and last name and email. The online search also requires the case number or the name of a party to the case.
What Happens if You Have a Judgment Against You in Georgia?
Given the legally enforceable nature of judgments, if an individual has a verdict against them, the court empowers the creditor to collect the debt through different means. Those avenues may include wage or bank garnishments and the imposition of a lien on the debtor’s property. A wage or bank account garnishment is a situation where a creditor has access to a fraction of money from the defaulter’s paycheck or bank account towards fulfilling a debt owed. In addition, if a borrower fails to satisfy a judgment willingly, the creditor may carry out a debtor’s examination, hire a debt collector or present the judgment to a sheriff, who has the power to seize and sell a debtor’s property to satisfy the judgment.
How Do I Find Out If I Have Any Judgments Against Me In Georgia?
It is doubtful that an individual has a judgment against them in Georgia without the party knowing. At the commencement of a civil case, the court sends a summons to the defendant through mail or in-person delivery. If the defendant fails to comply with the summons and does not show up in court, the court may enter a default judgment against the defendant. Hence, by failing to show up in court, a defendant may presume that there is a pending judgment. The accused may call the court that sent the summons to verify if there is any default judgment. However, calling may not be necessary, as the defendant gets judgment notification through mail. If the debtor has changed address or lost access to the known mail, the individual may not get this notification and therefore remain unaware of the judgment. In a situation like this, a borrower only becomes aware of a decision when the creditor initiates the collection process.
How Long Does A Judgment Stay On Your Record?
A judgment in Georgia shows up on a person’s credit report for seven years or until the individual satisfies the judgment or the judgment expires. A judgment on a person’s credit report will negatively affect the person’s credit score. Under the right circumstances, if the defendant provides evidence of the debt repayment, the credit agency may remove the judgment record from the person’s credit report. However, in most cases, credit agencies only mark the debt as paid rather than remove the judgment record completely from the credit report.
How To Enforce A Judgment In Georgia
Since the courts in Georgia are not concerned with redeeming judgments, the creditors collect the judgments themselves or pay an expert to legally enact the verdicts. In Georgia, a Writ of Fieri Facias is the only way of enforcing a judgment. The Court Clerk Office issues this Writ of Fieri Facias, also known as Fi Fa, and it places a judgment lien on the debtor’s properties. Once the creditor obtains the writ, the party must record it at the County Recorder’s Office in each county where the debtor owns real property. This ensures that the debtor does not sell the asset unless the individual pays the creditor first. It also gives a county’s sheriff the right to seize a debtor’s property if the need arises. A Fi Fa could also be used to place a judgment lien on the defaulter’s automobiles. The other means of enacting a judgment after recording a Fi Fa is through garnishment (bank accounts), continuing garnishment (wages), and seizure and sale (debtor’s properties).
How To Collect A Judgment In Georgia
Collecting a judgment in Georgia is the same as enforcing a court’s final decision. At times, collecting a judgment is more stressful than winning the actual court case. For instance, if the debtor is not financially buoyant, the party may plead with the creditor to pay in installments. If the borrower defaults on payment, the amount payable is the sum of the total and additional pre or post-judgment interest, which may lead to more difficulty in payment.
Some judgment debtors might try hiding their assets, move money or sell off properties below the actual value to avoid collection. However, a judgment creditor might get such sales reversed as fraudulent activity. A judgment creditor could file a Post Judgment Interrogatory form which requires the judgment debtor to declare assets under oath or retain the services of an expert in investigating and collecting the award. Besides garnishing a bank account and wages, a creditor may collect a judgment on the debtor’s investment account or business assets.
What Happens if a Defendant Does Not Pay a Judgment in Georgia
Failing to pay a judgment or ignoring it is not advisable, and it does not bode well for the debtor as the repercussions are far-reaching and long-lasting. Refusal to pay a judgment may result in garnishment of financial accounts, wages, and properties. It could also lead to seizure and sale of properties, whereby the creditor places a lien on the property, and the debtor may not sell the property or must use the proceeds to service the judgment first.
Furthermore, it could result in jail time till the defendant pays the bond, which is usually to the tune of the amount owed. Since the judgment may appear on the defendant’s record, it could affect all other financial decisions in the future, such as the credit score. Therefore affect getting a loan, taking out a mortgage, or placing a lien on future financial gains.
What Personal Property Can Be Seized in a Judgment in Georgia?
In Georgia, personal properties like jewelry, arts, valuable furniture, antiques, houses, motor vehicles, and other real estate that the debtor owns are obtainable by the creditor. While a judgment creditor has the right to seize properties to collect the debt, there are stipulations to make it legal as the lender cannot show up at the debtor’s house and start carting away properties. The creditor needs to file a Fi Fa in every county the debtor has a property. Also, a unique Fi Fa is issued for vehicles and against the debtor’s banks.
Georgia Judgment Interest Rate
According to Georgia Code § 7-4-12, the legal judgment interest rate is the current prime rate plus 3% per year. But when there is a prior contract stipulating an interest rate (could be higher or lower than prime rate plus 3%), then that rate applies. The judgment interest rate starts accruing from the day of judgment entry till final payment.
What is a Default Judgment?
A default judgment is a favorable ruling by the judge to the plaintiff when the defendant refuses to appear in court, answer the plaintiff’s claims, or perform a court-ordered action. The default judgment is binding on the defendant despite the absence in the court. Notwithstanding, the accused has 30 days to answer the plaintiff’s claim to avoid getting a default judgment and another 15 days to open the default by answering the claim and paying court costs.
How to File a Motion To Set Aside Default Judgment in Georgia
An interested individual may file a motion to set aside a default judgment in Georgia at the court of case origin. Following Georgia Code § 9-11-60, only a judge may grant the motion on the following grounds;
- The lack of jurisdiction over the subject matter or the person
- The judgment was based on a non-amendable defect on the face of the record or case pleadings.
- Mistake, accident, fraud, or misconduct on the plaintiff’s part or actions of the defendant
The time limit to file a Motion to Set Aside Judgment in Georgia is between six months to three years from the entry date, depending on the circumstances surrounding the case.
How to File a Motion To Vacate Judgment in Georgia
A motion to vacate is also the same as a motion to set aside. It means to set aside or cancel the default judgment or ruling of the judge. If the defendant files the motion within 15 days, the judge may decide to hear the party’s explanation. An interested person must complete a Motion to Vacate Judgement form to file a motion to vacate a judgment in Georgia. Upon completion, the movant must submit the form to the court clerk where initial proceedings or default judgment was entered. If the judge finds the stated grounds tenable according to Georgia laws or discovers new evidence, the judge opens a new trial.
How To Remove An Abstract Of Judgment In Georgia
A debtor may remove an abstract judgment if the party;
- Fully pays off the judgment and receives a “satisfaction of lien” from the creditor.
- Declares bankruptcy
- Asks the court to vacate the judgment
- Lastly, the debtor is free if the creditor does not renew the lien within seven years or the three-year renewal grace period for an additional seven years.
An Abstract of Judgment is a judgment lien placed on a debtor’s real and personal properties. Under Georgia Code § 9-12-81, a creditor may apply to place a lien against a debtor’s real estate (land, condo, house, etc.) that the defaulter currently owns or might purchase in the future. If the borrower fails to pay the debt in whole or negotiate installment payment with the creditor to remove the judgment, the lender may take over the debtor’s properties.
How Long Is a Judgment Good For In Georgia
A judgment in Georgia is valid for seven years. If a party does not renew a judgment before the seventh year, the judgment becomes dormant and no longer enforceable. However, a provision in Georgia known as scire facias (GA Code § 9-12-61, 62, 63) allows a creditor to request a judgment renewal within three years after the seven-year validity period elapses. If the creditor fails to file the judgment renewal action within this period, the judgment remains forever dormant and void. If the creditor takes appropriate steps, the judgment is renewable for an indefinite number of times until it is satisfied. A renewal extends a judgment’s validity for another seven years.
Georgia Judgment Statute of Limitations Law
According to Georgia Code § 9-12-60, the statute of limitations of judgment in Georgia is seven years. However, this provision does not apply to child and spousal support.
