Legal Question in Credit and Debt Law in Georgia

If a judgment is file against me in Florida can my home in Georgia be foreclosed


Asked on 1/27/16, 9:33 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If they properly record the judgment in Georgia they can go after the house.

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Answered on 1/27/16, 9:36 am

I agree with Attorney Ashman. Assuming that the Florida judgment is properly domesticated in Georgia, then it can be enforced like any other Georgia judgment. But will the creditor do this? It depends on a whole lot of stuff you do not divulge.

Is the home in Georgia mortgaged? Who are the title holders? If it is liened, its probably not at risk. If its owned free and clear, then it is. But who owns it? What is it worth? Geeorgia allows you to exempt up to $21,500 equity in any property that is your principal residence. Do you live in the property or is it for investment?

Who is the judgment creditor? What is this for? How much do you owe? Is bankruptcy an option and if so do you qualify for a chapter 7 or chapter 13? Is the debt less than $10,000? Have you explored other ways of dealing with this debt other than ignoring it or filing bankruptcy?

Finally, most creditors, if they have a money judgment, want money. Not your home. The easiest way to get money is to (a) garnish your wages and (b) raid your bank account. This can be done any number of times until the judgment is satisfied.

Judgments, once registered, act as a lien on any real property. The liens can be revived aftger 7 to 10 years. Which means if you go to sell your house, the judgment (if its registered in Georgia) will have to be paid.

I suggest you stop taking the ostrich approach of having your head in the sand and living in fear and try to deal with the debt responsibly - either plan to save up funds and settle at some point, pay the thing off or have the judgment discharged in bankruptcy.

However, you also do not indicate when the Florida judgment was entered. How long ago was it? If more than 7 years, is it still enforceable? Maybe not. In which case, maybe the way to deal with it is to let it be.

You need to consult an attorney who either does bankruptcy or deals with debts and pay him or her for a consult to evalute your whole financial picture and see what the best options would be for you.

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Answered on 1/27/16, 12:03 pm


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