Legal Question in Credit and Debt Law in Georgia
I was being sued by a collection agency, to avoid going to court I made payment arrangements with the company. They mailed me a contract to sign and return. In this contract it states " with the writ of fieri facias to be entered accordingly" what does this mean?
3 Answers from Attorneys
Good question. This is a fancy way of saying that you give the collection agency the authority to file a general lien (called a "writ of fieri facias") in the public land records. This lien will automatically attach to ANY real or personal property that you own record legal title to. So, for instance, if you own a home, it attaches to the title to the home. If you do not make good on your contract, the collection agency will have the right to foreclose their lien, meaning they will auction your home, take their cut, give the rest of your creditors' their share, and give you the remaining amount, if any.
Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******
You really screwed yourself by not seeing a lawyer. You signbed a consent judgment, which means yoiu agreed to lose a lawsuit and can be subject to all the things attorney Cook mentioned, You also ruined your credit for 7 years.
See a lawyer now to see what damage you have done. He'll need to see what you signed.
You made an incredibly huge mistake and consented to a judgment. That ruins your credit for 7 years, and as Phillip notes, also puts your wages, bank accounts, home, car and other assets at risk.
There may be no way to fix this blunder. But see a lawyer, just in case.
Agreeing to lose the court case is rarely smart.