Civil Judgment Litigation FAQ – Georgia Creditors' Guide
Below are answers to common questions creditors have about filing a lawsuit, managing litigation, and collecting on a judgment in Georgia.
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No, a written contract isn’t always required—but it helps. In Georgia, creditors may sue based on oral agreements, invoices, or even the conduct of the debtor. However, having a signed contract strengthens your case and may allow recovery of interest and attorney’s fees.
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The statute of limitations depends on the type of debt. For written contracts, it’s typically 6 years. For open accounts (like credit cards), it’s usually 4 years. It’s important to act promptly, as waiting too long can bar your claim entirely.
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We’ll need key documents such as the contract (if available), invoices, account statements, proof of delivery or services rendered, and a payment history. The more documentation you can provide, the stronger your case will be.
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In many cases, yes. If the contract includes a provision for attorney’s fees and interest—and it complies with Georgia law—you may be entitled to recover those amounts. Even without a contract, some statutory claims allow for attorney’s fees under specific circumstances.
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Possibly—but not always. Litigation is a business decision. In some cases, a formal demand letter or negotiation from our office can resolve the matter without damaging the relationship or filing suit.
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Yes. We often explore resolution options before litigation. Settlement can save time, cost, and uncertainty, and it’s often a wise first step—especially when future business is at stake.
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Once the complaint is filed with the court, it must be formally served on the debtor (the defendant). After service, the debtor has a limited time—usually 30 days in Georgia—to respond. If they fail to respond, we can often move for a default judgment.
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If the debtor contests the lawsuit, the case enters the litigation phase. We may exchange discovery (requests for documents or information), file motions, and possibly prepare for trial. Many cases still settle during this time.
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It varies. If the debtor defaults or settles early, a case might resolve in a few months. If it’s contested and goes to trial, it can take 6–12 months or longer, depending on the court’s schedule and complexity of the case.
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We’ll advise you on any settlement offer and whether it’s in your best interest to accept, negotiate, or proceed. Many cases resolve favorably through negotiated agreements before trial.
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Not necessarily. Even if you win the case, the court will review the evidence and may award only amounts that are supported by documentation and allowed under law. That’s why thorough recordkeeping is so important.
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Collection is a separate process. We can help enforce the judgment through garnishment, liens, or other legal tools if the debtor does not voluntarily pay.
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Once judgment is entered, the court has legally recognized the debtor’s obligation to pay. If the debtor doesn’t pay voluntarily, we can begin enforcement actions to collect the debt using legal remedies available under Georgia law.
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Common post-judgment remedies include:
Wage garnishment
Bank garnishment
Lien against real property
Levying personal property (in some cases)
We’ll evaluate the most effective strategy based on what we know about the debtor’s assets.
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A judgment in Georgia is valid for 7 years, but it can be renewed for another 7 years if renewed before it expires. That means with proper action, a judgment can remain enforceable for many years.
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We can use post-judgment discovery tools—such as interrogatories, document requests, or depositions—to obtain information about the debtor’s employment, assets, and bank accounts. We may also use skip tracing or asset searches.
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Yes. A judgment lien can attach to real property owned by the debtor in the county where the judgment is recorded. If the debtor sells or refinances that property, your lien must be paid to clear title.
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You can still enforce the judgment by domesticating it in the debtor’s new state. We regularly assist clients in navigating this process to ensure the judgment remains enforceable across state lines.
