Foreclosures on personal property are
filed on tangible, transportable items (i.e. cars, appliances,
furniture) and may be filed by any person holding a security
interest in specified property.
Just as in general civil cases, the Magistrate Court has
jurisdiction over cases in which the claim is less than $15,000.00;
therefore, the value of the personal property that is requesting to
be foreclosed must not exceed $15,000.00.
A Foreclosure of Personal Property (pdf) should
be completed in its entirety and must be sworn to in the presence
of a Deputy Court Clerk. Three (3) copies will need to be presented
to the Clerk's office for filing. If you have any exhibits (i.e.
copy of title or contract) to be filed along with the affidavit,
three (3) complete copies should be submitted as well.
The filing fee for a Foreclosure on Personal Property (including
service by the Clayton County Sheriff's office on one defendant) is
$97.00. If the Clayton County Sheriff's office is to serve papers
on additional defendants, $50.00 per defendant will be added.
(Normally, "tack and mail" service is done.)
Once the defendant is served by the Sheriff's Department, they
have seven (7) days in which they may file a response to the claim.
After the initial seven (7) days, the defendant is considered to be
in default, but may open that default by filing an answer and
paying the court costs within the next seven (7) days. If a timely
response is received by the Clerk's office, the case will be placed
on a calendar and both the Plaintiff(s) and the Defendant(s) will
be notified via mail of the court date.
If no timely answer is filed, the Plaintiff may request a Writ of Possession (pdf) on or after the
fifteenth (15th) day after service by the Sheriff's
If the Writ of Possession is signed by the Judge, a copy of the
writ will be forwarded to the Sheriff's department. The Plaintiff
may contact the Sheriff's department to determine when the property
is to be seized for purposes of levying.
Money judgments are not granted on Foreclosures of Personal
Property. The property is either returned to the Secured Party or
The information contained here is considered a general overview
of Foreclosures on Personal Property. To be certain of your rights
and the proper procedures to follow, it is recommended that you
seek legal advice. More detailed information pertaining to
Foreclosures on Personal Property may be accessed through (O.C.G.A. 44-14-230 ~ 303).