Legal Question in Credit and Debt Law in Georgia
if default judgment in a magistrate court case is won for full amt ($1874) of case and a fifa has been filed due to defendant not keeping the original repayment arrangements of $50 monthly, then the defendant makes a $50 payment, should the plaintiff accept the $50 check or would this void the fifa and the judgment for the $1874?
1 Answer from Attorneys
Yes, but you must deduct that from the balance of the debt. I don't know what property the defendant has that the sheriff can seize. Most defendants don't have anything worthwhile or else it is exempt, however the threat of the sheriff taking their property may induce them to stick to their arrangements. Have you also tried to garnish the defendant's wages?
You should contact an attorney to assist you with this if you decide to go this route.