Fieri Facias Information
This is for information purposes only and should not be construed as legal
advice. The personnel of this agency are prohibited from acting as legal counsel or
granting legal advice. The information is merely to acquaint an indiviual in regards
to the legal instrument known as Fieri
Facias. The information is provided to assist those citizens who have obtained,
or considering obtaining, a Fieri
Facias and would like to have the Cobb County Sheriff's Office assist with the
collection. Our intent is to provide adequate information to allow you to make an
informed decision regarding the collection of Fieri
Facias. The information is not necessarily applicable in any other jurisdiction.
You should consult with an attorney or the appropriate laws of Georgia for more detailed
Facias -- A writ commanding the sheriff to levy and sell as much of a debtor's
property as is necessary to satisfy a creditor's claim.
Levy -- to seize or attach property by judicial order and convert into dollars to
satisfy a debt.
Plaintiff -- a person who brings suit in court. Defendant -- a person whom a claim
or charge is brought against in court.
Actions prior to a Levy
The plaintiff may request that the sheriff's office contact the defendant and make
a "demand to settle debt" on the plaintiff's behalf. This requires that the plaintiff
provide the sheriff's office with the original Fieri Facias.
The sheriff's office will adivse the defendant that the demand is an attempt to settle
the Fieri Facias prior to enforcing a levy.
If the defendant ignores the demand or refuses the offer of settlement, the next step
may be a levy of personal property to be sold on the courthouse steps to satisfy the
Fieri Facias. Pending
In simple terms, a levy is the seizing of property by the sheriff's office to be sold
on the courthouse steps to satisfy an outstanding Fieri Facias
It is the responsibility of the plaintiff or his agent to identify the assets that
may be levied upon. The sheriff's office does not identify the items to be levied
or assume any liability as to the items levied upon
The plaintiff or plaintiff's agent proceeds at thier own peril. Plaintiff's should
acquaint themselves with the following Geogia Statutes: O.C.G.A.
9-13-50 & O.C.G.A.
No item may be levied that has any outstanding lien. The plaintiff must show that
there has been an adequate investigation to determine the existence of liens upon
the property sought. This proof is required at the time of levy.
The following three elements must be present at the time of levy:
1 -- The defendant must be present.
2 -- The plaintiff or plaintiff's agent must be present.
3 -- A sheriff's office deputy and the original Fieri Facias must be present.
At the time of the levy, the deputy sheriff will make a demand for the amount of the
judgement, allowing the defendant the opportunity to satisfy the debt.
The deputy sheriff will advise the defendant that he/she may point out the item(s)
of personal property that can be levied.
If the defendant refuses to comply, the plaintiff or plaintiff's agent will be given
the opportunity to point out the item(s) to be levied upon to satisfy the debt.
The levied item(s) are taken into custody by the deputy sheriff until the time of
The plaintiff or plaintiff's agent is responsible for the arrangements and cost of
storage for the levied item(s).
Levy of Personal Property
If personal property such as household goods, furniture, office equipment, and other
such items are the subject of the levy, the plaintiff is responsible for contracting
the approved and bonded warehouse for storage. The plaintiff is responsible for any
cost associated with this storage. The cost associated with storage must be paid prior
to the items being released for sale. Presently, the Cobb County Sheriff's Office
has approved Town Center Storage, their telephone number is (770) 421-0644. The storage
facility is located at 1815 Cobb Parkway, Marietta, Georgia.
The plaintiff is responsible for making the necessary arrangements for moving levied
items to the storage facility. The levied items will, at all times, be under the observation
of a deputy sheriff until the time these items are secured at the storage facility.
If the plaintiff contracts with the approved storage facility to have the levied items
moved, the plaintiff should obtain three (3) dates from the service provider and submit
these dates to the sheriff's office.
The sheriff's office will select the appropriate date and schedule the levy to take
place at the chosen date.
Levy of Vehicles
In the event that a vehicle or vehicles are the subject of the levy, the plaintiff
or plaintiff's agent will be responsible for all costs associated with the storage
of the vehicle. The storage facility costs must be paid prior to the items release
The approved storage location for vehicles is Barrow Wrecker Service. Barrow
Wrecker Service is also the approved towing service for the transportation of vehicles
subject to a levy. Barrow Wrecker Service may be contacted at (770) 435-8945. It is located
at 2261 Dixie Avenue, Smyrna, Georgia, 30080.
The plaintiff or plaintiff's agent is responsible for the scheduling of Barrow Wrecker
Service. The sheriff's office personnel will notify the plaintiff of the intended
Advertisement and Sale
Georgia's statutes regulate the sale date. Marshal's sale and state court sales are
on the 1st Monday of the month. Sheriff's sale, magistrate court, and superior
court sales are on the 1st Tuesday of the month.
Pursuant to the statutes of Georgia, the sheriff's office will advertise all items
subject to a levy for a prescribed period. The table below indicates that time period.
Real property, regardless of the court of origin, is required to be advertised for
four (4) weeks.
The official publication for legal advertisements by the Cobb County Sheriff's Office
is the Marietta Daily Journal. The sheriff's office will submit any advertisement
for sale of levied items to the Marietta Daily Journal no later than noon on Tuesday.
Legal advertisements are published in the Friday edition of the paper.
The fee schedule for advertisements is controlled by statute in Georgia. Please refer
9-13-143. Advertising costs must be paid on the date of the sale.
Preparation of the advertisement and written notice of the levy and sale will be agreed
upon by the sheriff's office designee and the plaintiff requesting the levy.
Disbursement of Funds
Following the sale, all funds received will be disbursed in accordance with the policy
of the Cobb County Sheriff's Office.
All advertising and administrative costs shall be paid prior to the disbursement of
In the circumstance that the plaintiff bids on the item(s) levied, the sheriff's office
will not accept the tender of the Fieri Facias as payment of the bid. Only the approved
forms of payment will be accepted
Sgt. Cindy Hughes
Cobb County Sheriff's Office
Operations Division, Civil Section
185 Roswell Street, Marietta, Georgia 30090
Telephone: (770) 499-4647
Facsimile: (770) 499-4792
"Leadership Through Service"