Georgia Small Claims Court Warrant in Fi. Fa.: Enforcing Your Judgment

What a Warrant in Fi. Fa. Is

A warrant in fi. fa. (short for fieri facias, Latin for "cause it to be done") is the post-judgment enforcement document issued by a Georgia Magistrate Court after you win your case. It is essentially the court's authorization to seize the debtor's property or assets to satisfy the judgment. Without it, a judgment is just a piece of paper — the fi. fa. is what gives it teeth.

A judgment creditor can request a fi. fa. from the Magistrate Court that entered the judgment. It is issued after the 30-day appeal period and names the judgment creditor, the judgment debtor, and the amount owed including post-judgment interest.

Recording the Fi. Fa.

For a Magistrate Court judgment, the Magistrate Court clerk transmits the execution to the Superior Court clerk in the county where the judgment was entered for entry on the General Execution Docket. To reach property in another county, apply to the Superior Court clerk there to record the fi. fa. Fees vary by county; Fulton County lists a $25 fi. fa. recording fee. Once recorded, the fi. fa. creates a lien against the debtor's real property in that county.

If the debtor owns property in multiple counties, you can record the fi. fa. in each county to create a lien there. The lien may complicate a sale or refinancing of the debtor's property.

Levy and Seizure

After recording the fi. fa., you can request the Sheriff or Marshal to levy on the debtor's property. A levy is the physical seizure of personal property — such as vehicles or equipment — to be sold at public auction to satisfy the judgment. Bank-account funds are generally pursued through garnishment.

The levy process requires you to identify specific property the debtor owns and direct the Sheriff to seize it. You pay the Sheriff's levy fee and the costs of conducting the sale. Not all property is subject to levy — Georgia law exempts certain personal property from execution, including basic household furnishings, tools of trade, and a homestead exemption on real property.

Garnishment

Garnishment is often more practical than property seizure. Under O.C.G.A. Title 18, Chapter 4, you can garnish:

• Bank accounts — the court orders the debtor's bank to freeze and turn over funds up to the judgment amount
• Wages — the court orders the debtor's employer to withhold a portion of each paycheck (subject to federal and state exemption limits under 15 U.S.C. § 1673)
• Third-party holdings — money owed to the debtor by customers, tenants, or business partners

To start a garnishment, you file a garnishment affidavit with the Magistrate Court, pay the garnishment filing fee, and serve the garnishment summons on the third party (the bank, employer, or other holder). The third party must answer within 45 days, disclosing what assets they hold for the debtor.

Post-Judgment Interest

Under O.C.G.A. § 7-4-12, post-judgment interest accrues automatically on the principal amount recovered at the Federal Reserve prime rate plus 3% per year from the date the judgment is entered, unless a written contract specifies another rate.

When Collection Is Not Worth It

A fi. fa. only works if the debtor has assets. If the debtor has no bank account, no real property, no steady employment, and no valuable personal property, the judgment is "judgment-proof" — legally valid but practically uncollectible. An execution can become dormant if seven years pass without the required docket activity. Georgia law allows a dormant judgment to be revived within three years after it becomes dormant, subject to the required procedure. But pursuing aggressive collection against someone with nothing to take costs you money in fees with no return.

From Filing Through Enforcement

The Georgia Small Claims Filing Guide covers the full Magistrate Court process from the initial demand letter through post-judgment enforcement, including how fi. fas., garnishments, and liens work — with step-by-step instructions for each stage.

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