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Civil litigation

judgment lien

A judgment in a civil lawsuit will generally create a lien on the judgment debtor’s real property when notice of the judgment is filed with the county clerk in the county records where the judgment debtor owns real property. This public filing (often called an abstract of judgment) effectively puts all future purchasers and lenders on notice of the judgment creditor’s claim to the judgment debtor’s real property—to the extent necessary to pay/satisfy the judgment.

In Georgia, when a judgment is obtained in a civil lawsuit, it can create a lien on the judgment debtor's real property. This occurs when a notice of the judgment, often referred to as a 'Fi. Fa.' (short for 'fieri facias'), is filed with the clerk of the superior court in the county where the property of the judgment debtor is located. The filing of this notice serves as a public declaration that the judgment creditor has a legal claim against the property of the debtor. This lien generally lasts for seven years and can be renewed for subsequent seven-year periods. The lien ensures that the judgment creditor has a right to be paid out of the proceeds of the sale of the debtor's property before the debtor can receive any proceeds. This process is designed to alert potential purchasers or lenders that the property is subject to a claim by the judgment creditor, which must be satisfied before clear title can be transferred.

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Civil litigation

judgment lien

Individual & Family Legal Plan

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Georgia State Code

Georgia State Code

Civil litigation

judgment lien

Articles