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.