1/17/2024 0 Comments Motion to compel discovery georgia![]() ![]() List your full name, telephone number, and address, including apartment number and ZIP code.Once a party has obtained a judgment, the party may request the issuance of post-judgment interrogatories, which will require the defendant to answer the seven statutory questions (listed below) for the purpose of aiding in collection of the judgment: The judgment debtor is then arrested by the sheriff and held in the Fulton County Jail until the Interrogatories are answered and approved by the Magistrate. If the judgment debtor / corporate officer fails to appear at the hearing, or in the event he/she does appear and does not have a bona fide reason for not answering the Interrogatories, then the Court may enter an Order for Incarceration for Contempt of Court.A copy of the previous order is served upon the judgment debtor as well. These documents must be personally served upon the debtor /corporate officer. If there is no response to the Court Order requiring answers to the Interrogatories, then the judgment creditor must file a Motion to Incarcerate Judgment Debtor / Corporate Officer for Failing to Comply with Order Compelling Answers to Post Judgment Interrogatories with the appropriate notice.This is served upon the judgment debtor by certified mail, return receipt requested. If the judgment debtor fails to appear at the hearing or appears without a valid legal reason for failing to answer the Interrogatories, the court may, in appropriate circumstances, issue an Order requiring the judgment debtor answer the Interrogatories within 10 days.This is served upon the judgment debtor by the Clerk’s Office by certified mail, return receipt requested. If the Interrogatories are not answered within 30 days from the date of service, the judgment creditor may file a Motion to Compel Answers to Post Judgment Interrogatories together with a notice of hearing. ![]() ![]() The cost varies according to when the interrogatories are filed. Plaintiff files the Post Judgment Interrogatories in the Clerk’s Office of the Fulton County Magistrate Court.Interrogatories filed in this manner must be accompanied by the filing and service fees required in Magistrate Court for other civil actions. Interrogatories filed pursuant to a judgment entered in any other court must be filed as a new civil action and served upon the judgment debtor like process in any other civil in the magistrate court. These interrogatories must be served on the judgment debtor by certified mail or statutory overnight delivery. §15-10-50(d) with the same magistrate court with advance costs of $10. If the judgment for which the interrogatories are being submitted was issued by magistrate court, the judgment creditor may, after entry of judgment in the magistrate court, file the interrogatories specified in O.C.G.A. The Magistrate Court has the authority to enforce a response to post-judgment interrogatories with its contempt powers. Please seek legal advice if you have specific questions on various judicial and non-judicial remedies that a judgment creditor may employ to collect the monies awarded to them in a civil case. ![]() The following is a general summary of the process. Post-Judgment Interrogatories allow the prevailing party to ascertain what assets, if any, the judgment debtor has to satisfy the judgment debt. Post judgment collection is the responsibility of the judgment creditor. Many "pro se" litigants, lay persons, have the mistaken belief that "the court" will collect any judgment that may be entered on their behalf. The judgment gives you certain rights to collect that money from the other side using the assistance of the courts. It may not be redeemed with the clerk of court for money nor is it a court order to pay the amount by a certain date. A judgment is a finding by the court that one party has a legal obligation to pay the other party a specified amount of money. ![]()
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