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Ask Tina Your Own Question
Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I have a question about real estate, if the court has

Customer Question

I have a question about real estate
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: if the court has granted me a Consent Agreement and the debtor did not live up to their end of the agreement. Do I have to return to court and get a judgment in order to garnish? This is in Georgia
JA: Has anything been filed or reported?
Customer: Yes I have a consent Agreement. Nothing else has been filed
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that it matters, but this debt was assigned to me by the creditor
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 month ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  RealEstateAnswer replied 1 month ago.

Can you share with me the language in the consent agreement? Does it look something like this?

http://www.chathamcourts.org/Portals/ChathamCourts/magistrate%20court/forms/consent%20order/consent%20order.pdf

Customer: replied 1 month ago.
Can you opt out? I want new expert.
Customer: replied 1 month ago.
One of the documents is from Fulton County, if is titled "Consent Agreement", it is handwritten but does not have a judges signature.The second one is from Dekalb County, it is very close to your form and it has a judges signature.
Expert:  RealEstateAnswer replied 1 month ago.

If you want a new expert, I can opt out at your request but curious as to if there is anything I can do? I ask because I want to help and just wanted some additional information. Please just let me know

Customer: replied 1 month ago.
I'm not sure what it is you need from me. I have stated my legal question, I responded to your request for clarification, and I am waiting on an answer. If you cannot answer the question then yes please pass the question and me along to someone who can.
Expert:  RealEstateAnswer replied 1 month ago.

Yes, I am more then happy to answer. If the party breaches and fails to cure, upon being given the proper notice, then you can file with the court and ask the Judge to enter a judgment, at that time. Then, if the defendant does not pay, you can go after them and start the process to go after their wages, assets and/or garnishment. The Judge does need to be aware that they failed to comply with the consent agreement, which would then allow them to enter a final judgment against them, per the terms of the agreement.