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 $100.00. 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 department.
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 is levied.
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).