Legal Question in Appeals and Writs in Georgia

Under Georgia statutes, is the effective date of a FIFA on a case that goes through appeals the date it is issued, or the date of the final remand after all appeals have been exhausted? More to the point, which is superior, between a FIFA on a case filed later than another FIFA against the same party, but where the 2nd case is not appealed and is finalized first? I assume that if there is something to collect, the FIFA issued 2nd could be collected on while the first case is still under appeal, but if the 'loser' has nothing until the first case exhausts all appeals, which is superior at that point? The one case's FIFA was issued first, but the second case was finalized first.


Asked on 6/08/11, 2:10 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Unless the original judgment is reversed on appeal, a fi fa dates to when it was issued. Fi fas are NOT "finalized." The appeal simply stays enforcement. I assume your lawyer explained this already, as you certainly should not be in an appeal without one.

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Answered on 6/08/11, 5:23 pm


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