Can a Debt Collector Place a Lien on My Property in Georgia?

A judgment lien can attach to real estate and remain for years, creating problems when selling or refinancing a home.

In my previous articles, I explained how a creditor may garnish wages and bank accounts after obtaining a judgment. If you missed those articles, you can read more about "Can a Debt Collector Garnish My Wages in Georgia?" and "Can a Debt Collector Garnish My Bank Account in Georgia?"

But there is another collection tool that often surprises consumers.

A creditor may be able to place a judgment lien against real estate after obtaining a judgment.

Many people do not discover the lien until they try to sell their home or refinance their mortgage.

Unlike a wage garnishment, which takes money from each paycheck, a judgment lien can remain attached to property for years. As long as the lien remains in place, it may create problems when the property is sold or refinanced.

This is one reason judgment liens can be very effective collection tools. When a closing attorney performs a title search, the lien may appear, and the creditor may need to be paid before the transaction can be completed.

Another surprise is that judgments often continue to earn interest after they are entered. As time passes, the amount owed may increase because of post judgment interest. As a result, consumers sometimes discover that the balance is much higher than they expected.

The good news is that a judgment lien generally starts with a judgment. If you prevent the judgment, you prevent the lien.

That is why it is so important not to ignore a debt collection lawsuit. Responding to the lawsuit may preserve defenses and help prevent a judgment from being entered in the first place.

If you have been sued by a creditor or debt buyer in Georgia, learn more about your options for debt collection lawsuit defense or contact Kaiden & Kaiden, LLC to discuss your situation.

About the Author

Cristina Kaiden, Esq. is a consumer debt defense attorney and co-founder of Kaiden & Kaiden, LLC in Cobb County, Georgia. For more than two decades she has represented individuals facing debt collection lawsuits, default judgments, and wage garnishments in Georgia courts. She writes about debt collection defense and consumer rights to help consumers understand their legal options.

Disclaimer: This article is intended for general informational purposes only and is not legal advice. Every case is different, and laws and procedures may change. Reading this article does not create an attorney client relationship.