Legal Question in Appeals and Writs in Georgia

Writ of Fieri Facias

I am a member of the Board of Directors for the Homeowners Assoc.We filed suit against a homeowner for failure to pay mandatory dues. A judgment was entered against the homeowner. The Association now has a Writ of Fieri Facias, We are not sure how to proceed now.We thought that a lein would be placed against his home that would have to be satisfied before it could be sold. This homeowner has now put his home up for sale. How do we get the money($222.00)?


Asked on 1/16/04, 12:46 pm

1 Answer from Attorneys
Keith Reisman Reisman Law

Re: Writ of Fieri Facias

You are almost there. Take the fi fa (Writ of Fieri Facias) to the Superior Court Clerk in the county in which the property is located and ask to have the fi fa recorded on the General Execution Docket. When title searches are preformed on sale of the property, your lien should be found and the closing on the sale held up until the lien is paid off. The lien can be paid off as a part of the closing.

This answer, though responsive to the question, is general in nature. It is not designed to be and should not be relied on as your sole source of information when analyzing and resolving a specific legal issue. Each fact situation is different; the laws are constantly changing. If you have specific questions regarding a particular fact situation, I urge you to consult with competent legal counsel.

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Answered on 1/16/04, 4:43 pm


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