Judgment Lien Forms With Mortgage In Georgia
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FAQ
Creditors cannot take your home in Georgia, but they can place a judgment lien on it.
The debt collector can still send negative information to the credit-reporting agencies, sue you in court, and garnish your wages or file a lien against your property once a judgment is issued by the court.
Credit card debt lawsuits must be filed within Georgia's statute of limitations, typically six years from the last payment. If the creditor sues after this period, the case can be dismissed.
Of the three types of liens (consensual, statutory, and judgment), the judgment lien is the most dangerous form, but one which the informed business owner may be able to eliminate. A judicial lien is created when a court grants a creditor an interest in the debtor's property, after a court judgment.
A mortgage is a specific, voluntary lien. It is specific to the piece of property and is voluntary because it was agreed to by the property owner. A judgment lien is an example of a general, involuntary lien. Judgment liens can be applied against any of an individual's assets.
While credit card companies technically have the ability to pursue your home for unpaid debt, it's rare. A debt collector must go to court and get a judgment before it can place a lien on your home. There are limits and exemptions to how much of your home's equity a debt collector can claim.
A Georgia lien is a legal right or claim against a debtor's property. It is granted to creditors as security for a debt or obligation. The lien entitles the creditor to proceeds from the sale of a debtor's property if an underlying obligation is not fulfilled.
Record the lien of security interest with Clerk of Superior Court's office in the county where the vehicle owner resides, under the provisions of the Uniform Commercial Code. Contact the Georgia Superior Court Clerks' Cooperative Authority for required forms, filing fees, and additional information.
You can go to and download any forms you need, including the MV-1 and T-53A forms. Fill out these forms, typewritten, and mail them via registered mail along with $18.00 and a copy of the writ of Fi Fa to the listed lien holder.
To attach a lien to real estate, the creditor records the judgment with the superior court clerk in the Georgia county where the debtor has real estate now or may have real estate in the future.
