Fieri Facias (FiFa) and a Garnishee Order are two of the most common methods used by creditors to collect debts from debtors. Both methods have their pros and cons, so it’s important to understand how each one works before deciding which one is right for your situation.
FiFa is a Latin term that means “to be seized.” When a creditor files a FiFa against a debtor, the court issues an order that allows the creditor to seize the debtor’s property in order to satisfy the debt. The downside of this method is that the debtor’s property can be sold at auction in order to pay off the debt, which could result in the debtor losing valuable possessions.
A Garnishee Order, on the other hand, requires a third party (usually a bank or employer) to withhold money from the debtor’s wages or bank account in order to pay the debt. The downside of this method is that it can be difficult to collect the debt if the debtor does not have a regular income or does not have a bank account.
It’s important to weigh your options carefully before deciding which debt collection method is right for you. If you’re not sure which one is best, you should speak with an experienced attorney who can help you understand your rights and options.
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A Fieri Facias (FiFa) is a writ of execution that commands the sheriff to take possession of the goods and chattels of the debtor in order to satisfy a judgment. This type of writ is most commonly used in cases where the debtor owns property that can be seized and sold at auction to satisfy the judgment. In this blog post, we will discuss how a Fieri Facias (FiFa) works and how it can be used to collect on a judgment. We will also discuss garnishee orders and their role in debt collection. Stay tuned for our next blog post, which will provide more information about garnishee orders.
A Fieri Facias (FiFa) is issued by the court and delivered to the sheriff, who then serves it on the debtor. The writ of execution gives the sheriff authority to seize any property belonging to the debtor that is not exempt from seizure. The sheriff will then sell the seized property at auction and use the proceeds to pay off the judgment. If there are insufficient funds to pay off the judgment, the creditor may file a writ of execution for another type of property, such as wages or bank accounts.
A Garnishee Order is a court order that requires a third party, known as a garnishee, to hold funds or property belonging to the debtor until the debt is paid. The most common type of garnishee order is a wage garnishment, which requires the debtor’s employer to withhold a portion of the debtor’s wages and send the money to the creditor. A bank garnishment allows the creditor to freeze the debtor’s bank account and collect any funds that are deposited into the account. Garnishee orders can also be issued for other types of property, such as rents, royalties, or commissions.
A Fieri Facias (FiFa) can be used to collect on a variety of debts, including unpaid child support, back taxes, and credit card debt. If the debtor does not pay the judgment, the creditor can file a writ of execution with the court. The writ of execution will give the sheriff authority to seize any property belonging to the debtor that is not exempt from seizure. The sheriff will then sell the seized property at auction and use the proceeds to pay off the judgment.
As you can see, there are some key differences between a Fieri Facias and a Garnishee Order. If you are unsure about which type of order is right for your situation, it is always best to speak to an experienced lawyer who can advise you on the best course of action.
Although there are some key differences between a Fieri Facias and a Garnishee Order, there are also some similarities. For example:
As you can see, there are some similarities between these two types of orders. If you are unsure about which type of order is right for your situation, it is always best to speak to an experienced lawyer who can advise you on the best course of action.
If you have been served with a writ of fieri facias, you may be wondering how to stop it. The first thing you should do is contact an experienced lawyer who can help you understand your options. There are a few ways to stop a writ of fieri facias, but the most common way is to file a motion to quash the writ.
A motion to quash is a legal document that asks the court to cancel or void the writ of fieri facias. The grounds for filing a motion to quash can vary, but some common grounds include:
If you are thinking about filing a motion to quash, it is important to speak to an experienced lawyer who can help you understand the grounds and the process.
If you have been served with a Fieri Facias (FiFa) or a Garnishee order, it is important to act quickly. These orders are used to collect debts and can be very difficult to stop once they have been issued. Here are some tips on how to stop a Garnishee order:
The first step is always to try and speak to the creditor. Often, they are willing to work out a payment plan that does not involve using a FiFa or Garnishee order.
If the creditor is not willing to work with you, you can request a hearing in court. This will give you an opportunity to explain your financial situation and why a FiFa or Garnishee order would be unfair.
If you are able to show that paying the debt would cause you financial hardship, the court may be willing to cancel the FiFa or Garnishee order.
The first step is to contact the court that issued the FiFa and request a payoff amount. Once you have the payoff amount, you will need to pay the entire amount owed to the court. If you are unable to pay the entire amount, you can try to negotiate a payment plan with the court.
If you are still unable to pay off the debt after negotiating with the court, your last resort is to file for bankruptcy. This will discharge any remaining debts owed on the FiFa and allow you to keep your home.
However, filing for bankruptcy should only be considered as a last resort option as it can have long-term negative impacts on your credit score and financial stability.
If you have a judgment lien on your property in Georgia, you may be able to remove it by filing a motion with the court. The process is not difficult, but it can be time-consuming.
First, you will need to obtain a copy of the judgment from the clerk of court. Next, you will need to file a motion with the court that issued the judgment. In your motion, you will need to explain why the lien should be removed.
The court will then review your motion and decide whether or not to grant it. If the court grants your motion, the lien will be removed from your property. However, if the court denies your motion, you will still have a judgment lien on your property.
The first thing to know is that “property subject to distraint” refers to any type of property that can be seized and sold in order to satisfy a debt. This includes both real and personal property, such as:
If you own property but don’t have it in your possession (i.e. it’s being held by a third party), the sheriff can still serve a FiFa on that property. For example, if you have a car that’s being repaired at a garage, the sheriff can serve the FiFa on the garage and they will be required to hold onto the car until the debt is paid off or the case goes to court.
Similarly, if you have money in a bank account that’s subject to garnishment, the bank will freeze those funds and set them aside until the debt is paid off or the case goes to court. The same is true for any other type of asset that’s being held by a third party, such as stocks, bonds, or even a tax refund.
If you’ve given away property within the last year in an attempt to avoid creditors, the sheriff may still be able to seize that property. For example, if you’ve transferred ownership of your house to your child in an effort to protect it from creditors, the sheriff can still serve a FiFa on the property. The same is true for any other type of asset, such as a car, boat, or piece of jewelry.
If you’re renting property (i.e. an apartment, house, office space, etc.), the landlord cannot be served with a FiFa. However, if you have personal belongings on the premises that are subject to distraint (i.e. furniture, electronics, etc.), the sheriff can seize those items.
If you share ownership of property with someone else (i.e. a spouse, family member, business partner, etc.), the sheriff can serve a FiFa on that property even if it’s jointly owned. For example, if you and your spouse own a house together and you’re facing foreclosure, the sheriff can serve a FiFa on the property and force its sale in order to satisfy your debt. However, if the property is solely in your name, the sheriff cannot seize it from your co-owner.
If you’re entitled to property but don’t yet have possession of it (i.e. an inheritance, insurance payout, tax refund, etc.), the sheriff can still serve a FiFa on that property. For example, if you’re expecting to receive a large inheritance from a relative who has passed away, the sheriff can serve a FiFa on that inheritance and force its sale in order to satisfy your debt. However, this is only if the property is solely in your name, the sheriff cannot seize it from your co-owner.
If you have a future interest in property (i.e. you’re the beneficiary of a trust or estate), the sheriff can still serve a FiFa on that property. For example, if you’re the beneficiary of your grandparents’ estate, the sheriff can serve a FiFa on that estate and force its sale in order to satisfy your debt. However, this is only if the property is solely in your name, the sheriff cannot seize it from your co-owner.
While there are some exceptions, generally speaking, most types of property are subject to distraint. However, there are certain types of property that are exempt from seizure, such as:
The sheriff is not allowed to seize any clothing that you need in order to maintain a basic level of hygiene and modesty, such as underwear, socks, shoes, outerwear, etc.
The sheriff is not allowed to seize any tools that you need in order to do your job, such as a computer, printer, phone, etc.
The sheriff is not allowed to seize any devices that you need in order to live independently or care for yourself or your family, such as a wheelchair, cane, crutches, hearing aid, etc.
The sheriff is not allowed to seize any schoolbooks that you or your dependents need in order to attend school.
The sheriff is not allowed to seize any vehicles that you need in order to get to work, such as a car, bike, etc. However, the sheriff can seize a vehicle if its value exceeds your exemption amount.
You are allowed to keep the tools you need for your trade or profession, up to a certain value.
You are allowed to keep a certain amount of food and fuel for your household.
If you receive assistance from social services, such as food stamps or welfare, you are allowed to keep those benefits.
You are allowed to keep certain medical supplies and equipment if they’re necessary for your health.
If you have property that is exempt from distraint, you can file a claim for exemption form with the court. The court will then review your case and decide whether or not to grant your request. If the court grants your request, the sheriff will return your property to you. However, if the court denies your request, the sheriff will keep your property and may auction it off to satisfy the debt owed.
It is important to note that even if the court grants your request for exemption, you are still responsible for paying the debt owed. Filing a claim for exemption does not relieve you of this responsibility. If you do not pay the debt, the creditor may take legal action against you to collect what is owed.
Bankruptcy does not automatically stay or cancel a distraint order. The order will continue in effect until it is discharged by the court or lifted by the creditor. If the debtor files for bankruptcy after the distraint order has been issued, they must notify the court and the creditor of the bankruptcy filing. The debtor should also provide a copy of their bankruptcy paperwork to the sheriff or constable carrying out the eviction.
If you are facing eviction due to a FiFa or Garnishee Order, you may be able to file for bankruptcy and have the order lifted. However, you must take action quickly and ensure that all necessary paperwork is filed correctly. An experienced bankruptcy attorney can help you navigate this process and protect your rights.
Filing for bankruptcy can give you the time and breathing room you need to work out a payment plan with your creditors or sell your assets in an orderly manner. It can also stop wage garnishment and collection activity altogether. If you are considering filing for bankruptcy, speak to an experienced attorney today. They can help you understand the pros and cons of bankruptcy and how it will affect your specific situation.
The decision to file for bankruptcy is a difficult one, but it may be the best option for you if you are facing eviction due to a FiFa or Garnishee Order. An experienced bankruptcy attorney can help you understand your options and make the best decision for your situation. Contact an attorney today to learn more.
All in all, it is important to be aware of both fieri facias and garnishee orders when it comes to debt collection.
With FiFa, a creditor can seize your assets in order to repay the debt, while with a garnishee order, your employer will withhold a certain amount of money from your wages in order to repay the debt. While neither process is ideal, they are both legal methods of debt collection that creditors can use. If you find yourself on the receiving end of either one of these orders, it is important to seek legal counsel as soon as possible in order to understand your rights and options moving forward.
Thank you for reading! We hope this article was informative and helpful. If you have any further questions, please do not hesitate to reach out to us. We are always happy to help!
Please note that this article is for informational purposes only and does not constitute legal advice. You should always consult with an attorney if you have any specific legal questions.
