Fi-Fa's, Levys and the Collection of Judgments in Georgia

WRIT OF FIERI FACIAS

THE WRIT

            A writ of fieri facias (Fi-Fa) is an order which is issued by a judge and directs the levy officer to seize the property of the named defendant.  The elements of form for a writ of fieri facias are decided and set out by the Georgia Supreme Court (form SC-5 revised 1985).

            All elements have to be present in the form of the writ for it to be valid and legal.  Any deficiency in the form of the writ, not conforming to the dictates of the Georgia Supreme Court, will then result in the Fi-Fa not being valid, hence, the writ not being enforceable.  In other words, it would not be executable.

            For a writ of fieri facias to issue, a monetary judgment or judicial award is required.  In the case of where judgment is rendered on behalf of the defendant, the writ may properly indicate to collect against the plaintiff.  This can be due to the result of a successful defense, a counterclaim or due to other actions of the court.

            These issues may be many and widely varied.  Judgments may arise from criminal bond forfeiture, lawsuits of various natures, foreclosure, a default in the answering of a garnishment, an award of alimony/child support, etc.  A writ of fieri facias may be issued from any of the following: judgments, awards, sales taxes, ad valorem taxes, property taxes, income taxes, etc., the foregoing recitation being a very non-inclusive list.

            If the ‘style’ of the Fi-Fa, does not mirror the ‘style’ of the judgment, the writ is illegal and is not executable.  If the ‘style’ of the case on the writ does not reflect the actual name of the corporate entity as it exists with the Secretary of State, the writ is illegal and is not executable.  So it is paramount that the styling of the case be correct from the outset and throughout the pursuit of the case.

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