I won a civil suit judgment in magistrate court. I then filed a FIFA on the defendants property, in Carrollton, GA. One year later still no payments. The defendants family has lived in the area forever and it is unlikely that he will ever sell. What can i do now to get my money?
Optional Information: Country relating to Question: United States State (if USA): Georgia Already Tried: Judgement in magistrate court for $4500.00. Filed a FIFA against home.
You can serve them with an information Subpoena to compel them to disclose their assets. If they do not comply, you can ask the judge for sanctions. Once that is complete, you can apply for for a Writ of Execution.
What are some plausible sanctions? What does the writ of execution do exactly? No more questions.
Sanctions would be the judge issuing a fine to the defendant to be made payable to the court or even adding on costs to your judgment. Or issuing a bench warrant to have the police forcibly bring the defendant to court (that is not very likely though unless there have been repeated orders from the court that the defendant ignored). A writ is an order from the court to permit you to (a)garnish the defendant's wages directly from his employer, or (b)seize his assets directly (the sheriff can go and seize money from his bank accounts).
Experience: 10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator