Where to Appeal a Judgment, in Georgia
I have judgment against me in Forsyth County, GA. The magistrate court of this county has granted the garnishment of my wages. I want to appeal this judgment on the grounds of not being notified of the court date, there by not having my day in court I would like to know where I would need file this appeal, I'm sure it's with the Superior court, just not sure which one. Would I need to file this appeal in the Superior court in the same district as the magistrate court, or could I file in my local district in which I reside? And if anyone knows, is there any grounds for appeal? I thought in the state of Georgia that the defendant is required to be notified 45 days prior to the court proceedings. Thanks.
Re: Where to Appeal a Judgment, in Georgia
Have you filed a motion to set aside the judgment on the basis that you were not notified of court proceedings? (If you want, share some information on what notification you did receive, and why it wasn't adequate.) Motions to set aside default judgments are often subject to short time limits, but that's the first step you would normally want to take. That may not matter, though, if your appeal will result in a trial de novo. The Judicial Branch of Georgia explains,
Quote:
Quoting What Happens After a Judgment?
Once a judgment is rendered, either party can appeal that decision within a 30 day period. An appeal from Magistrate Court is transferred to either Superior or State Court, where everything will begin anew, as if the first trial never happened.
If you are awarded a money judgment, it is still not a guarantee that you will actually receive your money or property. Neither the court nor the judge are authorized to collect a judgment for you -- that's your responsibility. Unfortunately, doing so can be a difficult and involved process and you will not always be successful. The losing party may declare bankruptcy, find ways to avoid payment of the judgment altogether, or simply not have the means to pay the judgment.
To collect on a judgment you may want to obtain a garnishment which seeks payment directly from the other side's assets, property or wages. Another method used for collection is to obtain what is called a Fi Fa. This is a judicial writ that directs a sheriff to satisfy a judgment from the debtor's property. It permits a levy on real property and the seizure and sale of goods. A lien may also be taken on a specific item of the person's property. And through the process of a levy, the sheriff can also seize the defendant's property and put it up for sale to help pay the judgment.
Re: Where to Appeal a Judgment, in Georgia
I actually didn't receive any notice at all. I've been trying to find out who signed the subpoena, or certified letter. I haven't even been able to get the name of the deputy who delivered the notice. I found out about the judgment when my wages were garnished the first week of Oct. I was involved in an auto accident a few years back and was in a coma for about a year. I had a severe brain injury and I don't always remember, but I know I didn't get a notice. I do know that the clerk of the magistrate court is of no help finding out who signed the notice. If you need any other details please let me know, and I will be more than willing to share. I'm in a bad spot with this, shouldn't have co-signed, thank you very much, it is very appreciatted.
Re: Where to Appeal a Judgment, in Georgia
Go to the courthouse and take a look at the court file.