Levy of Personal or Real Property
Any personal or real property belonging to the defendant can be levied or seized and held for sale by the Marshal under the authority of a Fieri Facias (FIFA) except property that is under some type of expressed exception. The plaintiff is responsible for providing proof of ownership of any property that is to be levied to the satisfaction of the Department.
Plaintiff's Responsibilities for Levy of Personal Property
Plaintiff's Responsibilities for Levy of Real Property
Seized property must be stored in a bonded warehouse, or transported and stored by a licensed wrecker service in the case of vehicles, within the political boundaries of Fulton County. Prior to sale, the defendant may pay the judgment and all costs incurred to redeem the levied property to the plaintiff.
Request for Levy of Personal Property
Request for Levy of a Motor Vehicle
FIFA: A writ of execution commanding the Marshal to levy and make the amount of a judgment from the goods and chattels (an article of personal or real property) of the judgment debtor.
Marshal Sales
All levied property is sold at public auction to the highest bidder on the courthouse steps located outside of the Justice Center Tower at 185 Central Avenue, Atlanta. All personal property sales are advertised at the entrance to the courthouse, located at 185 Central Avenue, in the display case. Real Property sales will be advertised in the Fulton County Daily Report. The Daily Report now has an app for both iPhone & iPad only. The App is free and you can search for it under "The Daily Report".
All sales are for cash or certified funds and must be paid at the time of bid. A commission will be collected from the plaintiff at the time of the sale. Personal Property Sales: The commission will be seven percent (7%) on the first $1000.00 and five percent (5%) on any additional amount. Real Property (Real Estate) Sales: The commission will be ten percent (10%) on the first $100.00 and two percent (2%) on any amount over $100.00.
Day and Time of Sale
Personal Property- Held on the 1st and 3rd Monday of each month after 10 days of advertising.
Real Property - Held on the 1st Tuesday of each month, after advertising four consecutive Fridays. All sales begin at 10:00 a.m.
Note: The Marshal's Department does not accept personal checks. Cash and business checks from a Law Firm are accepted. Do not mail cash.