Garnishment and Writ of Fieri Facias (FIFA)

Garnishments

Obtain a judgment against the defendant.

Plaintiff provides the court with a certified copy of the judgment.

Determine if the defendant has assets to satisfy the claim by reviewing the wages/employer or bank account.

If the defendant has employment or a bank account in the jurisdiction of this Magistrate Office, the plaintiff may file a garnishment.

The forms for wage garnishment are referred to as the Affidavit and Summons of Continuing Garnishment. The forms for bank account garnishment are referred to as the Affidavit and Summons of Regular Garnishment.

The employer or bank has 45 days from the service date to answer the court summons. The answer will include money if funds are available.

The employer must file answers at least every 45 days until 196 days have expired. The bank must file an answer once during this 45-day period.

The plaintiff is responsible for sending a copy of the garnishment by certified mail to the defendant. The plaintiff must provide certified mail verification to the court before funds are disbursed to the plaintiff.

All garnishment funds are held in the Magistrate Trust Account for disbursement.

Writ of Fieri Facias (FIFA)

The Writ of Fieri Facias (FIFA) is a judgment or lien against a defendant’s property (i.e. all chattels and goods, typically real estate or automobiles) in Emanuel County, Georgia.

When a defendant in a judgment has failed to make payment(s) in accordance with the terms of a consent judgment, and the plaintiff believes the defendant has property located in Emanuel County, a plaintiff may initiate a FIFA through the Emanuel County Magistrate Court by completing the following process:

The FIFA is recorded on the general execution docket of the Superior Court of Emanuel County.

The FIFA allows law enforcement officers to levy on personal property and the FIFA must be cancelled by the plaintiff when the debt is resolved.

FIFAs may be issued from the judgment of the court (Magistrate, State, or Superior).