Winning a court judgment in Georgia is a major legal victory, but it doesn’t guarantee you’ll receive the money you’re owed. In fact, for many creditors across Athens and surrounding Clarke County, enforcing that judgment is the hardest part of the process.
Whether you’re a local business, landlord, contractor, or out-of-state creditor trying to recover a Georgia-based debt, understanding the post-judgment collection landscape is essential. Unfortunately, many debtors go to great lengths to delay or avoid payment. From asset concealment to legal objections, they often take advantage of the complexities in Georgia’s enforcement laws.
Below, we break down the biggest challenges you may face when trying to collect a judgment in Georgia—and how working with an experienced Athens judgment collections attorney can make all the difference.
What are the Biggest Challenges to Collecting Judgments?
1. The Debtor Doesn’t Have Liquid Assets
One of the most common roadblocks in post-judgment collections is a simple one: the debtor doesn’t have enough money, or claims not to.
They may be unemployed, underemployed, or otherwise without accessible cash. In Georgia, this can make wage garnishment difficult or even impossible. While the law allows for up to 25% of a debtor’s disposable earnings to be garnished, that only applies if they have a job. Even then, collecting the full amount through garnishment can take years.
Traditional collection methods may be ineffective in Athens-Clarke County, where college students, renters, and gig workers make up a large part of the population. But a collections lawyer can dig deeper, identifying assets beyond the paycheck, such as tax returns, bank accounts, or property, that may be legally seized or garnished.
2. The Debtor Is Actively Hiding Assets
Some debtors don’t just claim poverty—they take active steps to hide their money. This might include:
- Transferring property to relatives
- Creating shell accounts or corporations
- Using cash-based income to avoid wage garnishment
- Relocating assets to another Georgia county (or out of state)
Georgia law provides legal tools to uncover and challenge these tactics, but the burden is on you as the creditor to take action. That’s where working with an experienced Athens judgment enforcement lawyer becomes essential. Through post-judgment discovery, subpoenas, interrogatories, and third-party depositions, your lawyer can help trace concealed assets and hold the debtor accountable.
3. The Debtor Refuses to Cooperate
Even after a court has ruled in your favor, the debtor might simply ignore the judgment. This often happens out of resentment, denial, or just a calculated bet that you won’t pursue enforcement.
When that happens, legal pressure is key. Georgia law allows creditors to:
- Request a Writ of Fieri Facias (FiFa) to place a lien on real property
- File post-judgment interrogatories to force disclosure of assets
- Initiate garnishment actions against wages, bank accounts, or businesses
If the debtor refuses to answer interrogatories or comply with court orders, they may be held in contempt—which can ultimately result in fines or jail time. A local collections lawyer knows how to escalate these steps properly and quickly.
4. The Debtor Tries to Vacate the Judgment
In some cases, instead of paying, a debtor will fight back by filing a motion to vacate or set aside the judgment. This is more common when:
- The debtor claims they weren’t properly served
- They argue the amount awarded was inaccurate
- They allege errors during the trial
While many of these attempts are unsuccessful, they can still delay collection. Worse, if the motion is granted, you may be forced to restart litigation entirely.
Having a Georgia attorney who understands the legal standards for vacating a judgment is critical. In Athens, where court procedures follow state-specific rules, your lawyer can help you prepare a strong defense to uphold your original judgment.
5. Navigating the Legal Procedures Without Help
Collecting a judgment in Clarke County isn’t as simple as asking the court to send a check. Creditors must take several proactive steps, which include:
- Requesting and filing a Writ of FiFa
- Recording the lien in the correct county
- Filing garnishment actions in the debtor’s or garnishee’s location
- Serving interrogatories and motions with strict legal notice requirements
Each step involves court fees, strict deadlines, and proper service requirements. Any errors or delays can stall your efforts—or worse, invalidate your enforcement attempts entirely.
That’s why working with a local Athens judgment collections attorney is so valuable. They know how to handle these steps efficiently and in compliance with Georgia law.
6. The Debtor Has Moved or Left the State
It’s not uncommon for a debtor to move from Athens to another Georgia county—or even leave the state—to avoid paying a judgment. Fortunately, Georgia judgments can be domesticated and enforced in other states under the Uniform Enforcement of Foreign Judgments Act (UEFJA).
Still, this process requires additional filings and court procedures. If the debtor remains in Georgia but owns property in another county, your attorney will need to request that the FiFa lien be filed in that specific jurisdiction.
Whether your debtor lives in Clarke County, Jackson County, Oconee County, or beyond, a knowledgeable collections lawyer can track them down and take action wherever assets are located.
How a Judgment Collections Lawyer in Athens Can Help
If you’ve secured a civil judgment but haven’t seen a dime, you’re not alone—and you’re not out of options.
At Wilbanks Law Firm, our team helps individuals, businesses, and out-of-state creditors enforce judgments across Athens and the broader Georgia region. We understand that time is critical. The longer you wait, the more likely assets are to be hidden, transferred, or depleted.
We use tools like:
- Social media investigations
- Post-judgment discovery
- Garnishment proceedings
- Writs of FiFa and lien enforcement
- Fraudulent transfer litigation
- Contempt motions and court sanctions
We take a strategic, aggressive—but legal—approach to help you recover what you’re owed.
FAQs About Judgment Collections in Athens-Clarke County
How long do I have to collect a judgment in Georgia?
A Georgia judgment is valid for 7 years and can be renewed. A Writ of FiFa also lasts 7 years from the date it is recorded.
Can I garnish someone’s wages if they live in Athens?
Yes, if the debtor is employed and earns a wage, you can file a continuing garnishment in Clarke County or wherever their employer is located.
What if I don’t know where the debtor works?
A collections attorney can help through post-judgment discovery and digital tools to locate employers or income sources.
Is there a minimum amount needed to file a garnishment?
No, but you should consider whether the cost of enforcement is worth the amount owed. A lawyer can help you evaluate that.
Can I enforce a Georgia judgment against someone who moved out of state?
Yes, but it requires domesticating the judgment in the state where they now live. Your attorney can handle this process.
Let Wilbanks Law Firm Help You Get What You’re Owed
If you’re tired of waiting and wondering when you’ll finally recover your money, it’s time to take the next step. Attorney Dylan Wilbanks and our team at Wilbanks Law Firm represent creditors in Athens-Clarke County and across Georgia who are ready to enforce their judgments—ethically and effectively.
Whether your debtor is avoiding you, hiding assets, or just refusing to cooperate, we can help you fight back and get results.
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