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 uponThe 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:
- — The defendant must be present.
- — The plaintiff or plaintiff’s agent must be present.
- — 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).