Foreclosure on Personal Property
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 Madison County in which the claim is less than $15,000.00; therefore, the value of the personal property that is requested to be foreclosed upon must not exceed $15,000.00.
A Foreclosure of Personal Property affidavit 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), please submit three (3) copies to be filed along with the affidavit.
The filing fee for Foreclosure of Personal Property for one (1) defendant is $101.50 (which includes the Sheriff’s service fee). Additional defendants require an extra $50.00 Sheriff service fee.
Upon service, the defendant(s) have seven (7) days in which they may file an answer to the claim. After the initial seven (7) days, the defendant(s) are considered to be in default, but may open the default by filing an answer and paying the court costs within the next seven (7) days. If a timely answer to the claim is received by the Clerk’s office, the case will be scheduled for a hearing and the Plaintiff and Defendant(s) will be notified via mail of the court date.
If no timely answer is filed, the Plaintiff may request (in writing) a Writ of Possession on or after the fifteenth (15) day after service by the Sheriff’s Office.
After the Writ of Possession is signed by the Magistrate Judge, a certified copy will be available for pickup in
the Clerk’s office, or will be mailed to the Plaintiff. The Plaintiff may contact the Madison County Sheriff’s Office to schedule a time for execution of the Writ of Possession.
Consent judgments and payment arrangements are not an option on Foreclosures of Personal Property. The property is either returned to the Secured party, the claim amount paid in full (including court costs), or is levied (to "levy" means to seize or attach property by judicial order and to then convert the seized property into money through a Sheriff’s Sale to satisfy the judgment.)
Disclaimer: The information contained in this document is considered a general overview of Foreclosures of Personal Property. To be certain of your rights and proper procedures to follow, please seek legal advice through an attorney.
O.C.G.A. 44-14-230 - 303