How Do I File a Lien on Insurance Proceeds in Georgia?

Full question:

A neighbor's dogs killed one of my dogs,injured another, and me. I have a judgement, but have rec'd. no payments. The neighbor's house has now burned, and arson is expected.I want to file a lien to establish rights within any sale or insurance settlement. Can you recommend a form to use?

• Category: Judgment Liens
• Date: 04/07/2025
• State: Georgia

Answer:

To create a valid lien, it is essential that the party claiming a lien should have the absolute property or ownership of the thing or, at least, a right to vest it; that the party claiming the lien should have an actual or constructive, possession, with the assent of the party against whom the claim is made; that the lien should arise upon an agreement, express or implied and not be for a limited or specific purpose that contradicts the express terms or the clear, intent of the contract. In certain circumstances, the lien holder may foreclose on the property if the debt is not paid in full. Liens can generally be removed by the payment of the amount owed. This payment can occur at any time up to and including the stage at which the closing documents for the sale of the property are signed.

There are several types of liens, all of which could cloud the title and prevent the seller from conveying marketable title to the buyer. A judgment lien is created when a court grants a creditor an interest in the debtor's property, based upon a court judgment. A judgment lien can be filed if an actual judgment in a lawsuit is obtained from a court. Such cases include failure to pay a debt, including credit cards, bank loans, or deficiency judgments on repossessed vehicles. In some circumstances, judgments can be enforced by sale of property until the amount due is satisfied. A plaintiff who obtains a monetary judgment is termed a "judgment creditor." The defendant becomes a "judgment debtor." If the judgment remains unpaid, the judgment debtor may request that the court place a lien on the judgment debtor's property to secure payment of the claim to the injured party. After the judgment creditor places a lien upon the attached property, the next step in the collection process is to conduct a sale of the attached property to satisfy the judgment debt.

A judgment creditor may also request that the court issue a writ for garnishment of the debtor's wages. If granted, the court order for garnishment is served directly upon the debtor's employer, who must comply with its terms. Wage garnishment is a legal procedure governed by
state law in which a person’s earnings are required by court order to be withheld by an employer for the payment of a debt and paid directly to the judgment creditor by the debtor's employer. There are different types of garnishments, as defined by state laws, which vary by state. A garnishment may be made on a one-time or continuing basis. Some kinds of income are exempt, which means that they cannot be garnished at all by creditors for consumer debts, including welfare, unemployment, veterans benefits, Social security, workers' compensation, pensions, and child support payments that you receive. For ordinary garnishments (i.e., those not for support, bankruptcy, or any state or federal tax), the weekly amount may not exceed the lesser of two figures: 25 percent of the employee's disposable earnings, or the amount by which an employee's disposable earnings are greater than 30 times the federal minimum wage.

We can assist you with searching to locate forms or we can draft and add forms you may need to our database. However, we cannot advise you to use one particular form over another. We can show you what is available. Please see the forms at the links below to see if they meet your needs or let us know if you would like us to draft a form to meet your needs. You may order forms online or by phone by calling Toll Free: 1-(877) 389-0141 - 8:30-5:00 Central Time Zone Monday – Friday.

Please see the following GA statutes:

9-12-80. All judgments obtained in the superior courts, magistrate
courts, or. . . .

All judgments obtained in the superior courts, magistrate courts, or
other courts of this state shall be of equal dignity and shall bind all
the property of the defendant in judgment, both real and personal, from
the date of such judgments except as otherwise provided in this Code.

9-11-69. Process to enforce a judgment for the payment of money shall be
a. . . .

Process to enforce a judgment for the payment of money shall be a
writ of execution unless the court directs otherwise. In aid of the
judgment or execution, the judgment creditor, or his successor in
interest when that interest appears of record, may do any or all of the
following:

(1) Examine any person, including the judgment debtor by taking
depositions or propounding interrogatories;

(2) Compel the production of documents or things; and

(3) Upon a showing of reasonable necessity, obtain permission from a
court of competent jurisdiction to enter upon that part of real property
belonging to or lawfully occupied by the debtor which is not used as a
residence and which property is not bona fide in the lawful possession of
another;

in the manner provided in this chapter for such discovery measures
prior to judgment.