Legal Question in Civil Litigation in Georgia

final clarification of writ of fieri facias

I am looking for final clarification of a fi fa, it seems in addition to obviously being a writ it can be (dependant on it's status?) an exection of judgement, an order, and a lien or levy. Is the fi fa all these simultaneously or concurrently? Also, does it give the plaintiff power to execute the sale of a residential house or does it merely show as a title lien and hold up future titular proceedings to that real estate until the lien is satisfied? I have studied Title 9 of Georgia Code superficially but can find no real clarification or mention in other titles.

I have just recently found out a relative has an approximately eight year old fi fa against her mortgaged residence. The holder of the fi fa has threatened to initiate sale of the house. I obviously want to help her satisfy this debt as soon as possible, however I also would like to be advised of both party's rights'. If the answer to this question is too broad or relative, I would even appreciate direction to statutes that could clarify the matter.

Thank you.


Asked on 12/23/05, 5:17 pm

1 Answer from Attorneys
Eric Ballinger Ballinger & Associates

Re: final clarification of writ of fieri facias

The fi.fa. is a writ that acts as a lein on proerty. It will allow the Sheriff to execute and collect personal property to be sold at sale. It is also a lein as to real property. To collect on the lein, it would have to be foreclosed upon. The procedures would be spelled out in title 44.

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Answered on 12/24/05, 7:00 pm


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