Prohibited Items

This is for information purposes only and should not be construed as legal advice. The personnel of this agency are prohibited from acting as legal counsel or granting legal advice. The information is merely to acquaint an individual in regards to the legal instrument known as Fieri Facias. The information is provided to assist those citizens who have obtained, or considering obtaining, a Fieri Facias and would like to have the Pickens Sheriff’s Office assist with the collection. Our intent is to provide adequate information to allow you to make an informed decision regarding the collection of Fieri Facias. The information is not necessarily applicable in any other jurisdiction. You should consult with an attorney or the appropriate laws of Georgia for more detailed information.

Fieri Facias — A writ commanding the sheriff to levy and sell as much of a debtor’s property as is necessary to satisfy a creditor’s claim.

Levy — to seize or attach property by judicial order and convert into dollars to satisfy a debt.

Plaintiff — a person who brings suit in court. Defendant — a person whom a claim or charge is brought against in court.

The plaintiff may request that the sheriff’s office contact the defendant and make a “demand to settle debt” on the plaintiff’s behalf. This requires that the plaintiff provide the sheriff’s office with the original Fieri Facias.

The sheriff’s office will advise the defendant that the demand is an attempt to settle the Fieri Facias prior to enforcing a levy.

If the defendant ignores the demand or refuses the offer of settlement, the next step may be a levy of personal property to be sold on the courthouse steps to satisfy the Fieri Facias Pending Sales.

In simple terms, a levy is the seizing of property by the sheriff’s office to be sold on the courthouse steps to satisfy an outstanding Fieri Facias.

It is the responsibility of the plaintiff or his agent to identify the assets that may be levied upon. The sheriff’s office does not identify the items to be levied or assume any liability as to the items levied upon.

The plaintiff or plaintiff’s agent proceeds at their own peril. Plaintiff’s should acquaint themselves with the following Georgia Statutes: O.C.G.A. 9-13-50 & O.C.G.A. 9-13-16

No item may be levied that has any outstanding lien. The plaintiff must show that there has been an adequate investigation to determine the existence of liens upon the property sought. This proof is required at the time of levy

The following three elements must be present at the time of levy:
1 — The defendant must be present.
2 — The plaintiff or plaintiff’s agent must be present.
3 — A sheriff’s office deputy and the original Fieri Facias must be present.

At the time of the levy, the deputy sheriff will make a demand for the amount of the judgement, allowing the defendant the opportunity to satisfy the debt.

The deputy sheriff will advise the defendant that he/she may point out the item(s) of personal property that can be levied.

If the defendant refuses to comply, the plaintiff or plaintiff’s agent will be given the opportunity to point out the item(s) to be levied upon to satisfy the debt.

The levied item(s) are taken into custody by the deputy sheriff until the time of sale.

The plaintiff or plaintiff’s agent is responsible for the arrangements and cost of storage for the levied item(s).

If personal property such as household goods, furniture, office equipment, and other such items are the subject of the levy, the plaintiff is responsible for contracting the approved and bonded warehouse for storage. The plaintiff is responsible for any cost associated with this storage. The cost associated with storage must be paid prior to the items being released for sale. The property will be kept at an approved designated facility. 

The plaintiff is responsible for making the necessary arrangements for moving levied items to the storage facility. The levied items will, at all times, be under the observation of a deputy sheriff until the time these items are secured at the storage facility.

If the plaintiff contracts with the approved storage facility to have the levied items moved, the plaintiff should obtain three (3) dates from the service provider and submit these dates to the sheriff’s office.

The sheriff’s office will select the appropriate date and schedule the levy to take place at the chosen date.

In the event that a vehicle or vehicles are the subject of the levy, the plaintiff or plaintiff’s agent will be responsible for all costs associated with the storage of the vehicle. The storage facility costs must be paid prior to the items release for sale.

The approved storage location for vehicles is A&T Wrecker Service. A&T Wrecker Service is also the approved towing service for the transportation of vehicles subject to a levy. A&T Wrecker Service may be contacted at 706-253-8697. It is located at 40 Auto Park Dr. jasper Ga. The plaintiff or plaintiff’s agent is responsible for the scheduling of A&T Wrecker Service. The sheriff’s office personnel will notify the plaintiff of the intended levy date.