Legal Question in Credit and Debt Law in Georgia

I found out in June of 2016 I had a Civil Judgement from Florida granted against me in May of 2015 for 75K stemming from an old forclosure. I sold my home and moved to GA in Nov 2015 and need information about how to proceed. Are any of the funds from that sale at risk (there was no certified copy of the judgement recorded at that time), what personal property including my homestead may be in jeopardy since the judgement is in another state and how can I protect what assets I have that may have monetary value.


Asked on 8/29/16, 5:56 pm

1 Answer from Attorneys

You need to talk to a Florida attorney regarding the effects of a judgment. Your post does not make sense. If you sold your Florida home in 2015, then you no longer have the home. Where do you keep the funds? If you bank at big multi-state bank (like Bank of America or Wells Fargo) then the creditor can walk into any branch of that bank located in Florida and levy your bank account. If you bank solely at a bank in Georgia, then the creditor will have to first transfer the judgment to Georgia. After it is registered in Georgia, then it can be enforced like any Georgia judgment.

As for how you can protect assets, you do not indicate what you have or how it is titled. I would suggest going forward that you have nothing in your name solely. Depends on w hat it is - if a car is financed, it can't be seized but once you get the car paid off, it can be seized if it is just in your name. Bank accounts cannot be protected unless your source of income is Social Security or some similarly exempt benefit. Wages can be garnished at various rates, the utmost is 25% of your disposable pay. It depends on how much you earn and how often you are paid. How much do you owe on the foreclosure? Is this a deficiency judgment or is it suit on the actual note? How much is it for and can it be settled for a fraction of what you owe? It might make sense to resolve it so this is no longer hanging over your head. Or you could take a wait and see approach to see if the judgment is transferred to GA. I think you need to talk to a FL lawyer and see what you have and then maybe also talk to a GA lawyer about GA law. GA offers few exemptions to seizure though outside of bankruptcy and if the judgment is transferred, you may have to file bankruptcy.

You indicate there is no certified copy of the judgment recorded. Why does there have to be? In some states, a document does have to be recorded in the land records in order to enforce a lien on real property. In others, you don't. In NC for example, once a judgment is entered, it is automatically indexed against real property. Nothing has to be recorded.

I don't know why that is an issue though. You sold the real property in FL and you apparently do not own any other FL property. The judgment will attach, at least once it is registered in GA, to any real property you own in GA. That is why nothing can be in your name.

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Answered on 8/29/16, 10:04 pm


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