Fieri Facias Information

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 individual 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 information.

 

Definitions

 

Fieri 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 advise 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 Sales

Levy

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. 9-13-16



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 sale.



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 for sale.


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 levy date.

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.

Type of order

Magistrate Court Fieri Facias

State Court Fieri Facias

Superior Court Fieri Facias

Advertising period

Four (4) weeks
Two (2) weeks
Four (4) weeks

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 to O.C.G.A. 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 funds.


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

Contact Information

Sgt. Kelly Atchison
Cobb County Sheriff’s Office
Operations Division
Civil Section
185 Roswell Street
Marietta, Georgia 30090
Telephone: (770) 499-4641
Facsimile: (770) 499-3683
E-mail: Kelly.Atchison@cobbcounty.org