Henry County
Sheriff's Office
You are here : FIFAS | Civil Process
McDonough, Georgia
Writ of Fieri Facias (Fi Fa) - Personal Property Levy

The Henry County Sheriff's Office does not have the authority to enforce a judgment.  Before the Sheriff can help you, your judgment has to be converted to a Fi Fa by the Clerk of the Court where you obtained your judgment.  

A Writ of Fieri Facias (Fi Fa) is a Court Order commanding the Sheriff to collect a judgment by either getting the money or to levy and sell sufficient property of the person(s) named in the Fi Fa to satisfy your judgment.  To “levy” means to seize or attach property by judicial order and to then convert the seized property into money through a Sheriff’s Sale to satisfy the judgment.
Most property seized (levied upon) is personal property, but under certain circumstances, Real Property can be seized.  In general a ten (10) day money demand will be made on the defendant by personal contact with the person(s) named in the Fi Fa, or by leaving a letter at the person(s) home, if personal contact was not made. This is an optional process since it is not required by law, but in some cases can be effective.  If the defendant says that they cannot or will not pay, then the Fi Fa is returned to you with the results of the money demand.
It is then up to you to provide the Sheriff's Office with any known assets of the defendant that are unencumbered (no security interest, no UCC filing, no secured debt, no liens, etc.).  You can take your original Fi Fa to the Georgia Department of Revenue, Motor Vehicle Division in Hapeville, GA to determine if the defendant has any motor vehicles that are either in his/her name or the name of the corporation (if applicable).  Their web link is: Motor Vehicle Division.
Once you have identified any available assets you must:  Return the original Fi Fa, with a letter requesting a levy to the Sheriff's Office Civil Process Unit describing these assets and the address where you would like the levy served.  Either provide a printout from the Motor Vehicle Division showing vehicles owned by the defendant or a letter certifying that an UCC search has been done and that there are no liens on the assets you are asking the Sheriff to levy upon.  Prior to levying, the plaintiff must pay certain fees in advance.  They are generally, but not limited to: Legal Advertising in the Henry Herald newspaper for four (4) weeks, wrecker and wrecker lot storage fees if a vehicle is to be seized, storage fees at a bonded warehouse located in Henry County if appropriate, labor and transportation cost for the physical seizure and movement of any property levied upon if applicable.  All of this will be discussed with you by a Civil Process supervisor prior to levying.
Once the levy has been done, the items are placed in a bonded warehouse in Henry County selected by the Henry County Sheriff’s Office and paid by you, or in a wrecker lot in the case of vehicles.

The seized property is then advertised for four (4) consecutive weeks in the Henry Herald Newspaper (legal organ of Henry County) and then sold on the first Tuesday of the month on the Courthouse steps located at 1 Courthouse Square, McDonough, GA.    

While the Sheriff's Office will provide some assistance to you, the Sheriff Office is unable to do skip tracing or to identify specific property to levy upon.  These two tasks must be done by you.  The Sheriff's Office will make a money demand.  Please refer to O.C.G.A. § 9-13-50 and O.C.G.A. § 9-13-16.

Civil Process Status   •   Civil Process Fees   •   Evictions   •   FIFAS   •   Temporary Protection Order (TPO)
Henry County Sheriff's Office Contents Copyrighted © 2015. Henry County Sheriff's Office. All Rights Reserved.