Q: How to collect a default judgment in GA against a real estate broker?
I received a default judgment on March 28, 2025, for $6,500 against a real estate broker who sold my house to me. I haven't taken steps to collect the money yet. The broker is still operating in Georgia. What actions can I take to start collecting the judgment?
A:
A default Judgment operates the same as any other order entered by the court. There are a number of methods available depending on the order itself. To secure the judgment it would be prudent to secure a Fi.Fa. in the county ordered. From there you can negotiate directly with the Defendant, file a garnishment, or engage in post judgment Discovery.
These all have varying degrees of expense, and given the value of the judgment, it would be prudent to prioritize efficiency.
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A:
To collect your $6,500 default judgment against the real estate broker in Georgia, you have several legal avenues available:
1. **Obtain a Writ of Fi. Fa. (Fi. Fa.)**: This court order authorizes the sheriff to seize and sell the debtor's property to satisfy the judgment. You can file for a Fi. Fa. in the county where the judgment was entered. The cost is typically around $9.00.
2. **Garnishment**: If the broker has a bank account or employment income, you can file a garnishment to collect the owed amount. Bank garnishments are filed in the county where the bank is located, and wage garnishments are filed where the employer is based. The filing fee is approximately $106.00.
3. **Post-Judgment Interrogatories**: If you're unsure about the broker's assets, you can serve them with written questions under oath to discover information about their property or income. Failure to respond can lead to contempt charges.
4. **Property Lien**: You can place a lien on any real property the broker owns by recording the judgment with the county clerk. This lien can affect the broker's ability to sell or refinance the property.
It's advisable to consult with a Georgia attorney to determine the most effective strategy based on the broker's financial situation. They can guide you through the process and ensure compliance with all legal requirements.
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