No, I'm not talking about the international soccer club or that guy on Food Network with the annoyingly frosted tips. 

A Writ of Fire Facias is simply the document issued by the county clerk's office to record a lien on all your property within that county. This includes both real (like your house) and personal (like your car) property. It is essentially a fancy legal term for a judgment lien. If you have a judgment lien out there, I can find it and strip it off all your property with either a Chapter 7 or Chapter 13 bankruptcy.

You can only have a FIFA recorded against you if you have been sued. First, the sheriff or some private process server will come to your door and hand you a large envelope with a stack of papers in them called the summons and complaint. The summons gives you instructions on when you need to file a formal legal answer to the complaint against you. The receipt of these papers is called "getting served." If you do not file a proper answer, the creditor suing you can ask the court to enter a Default Judgment against you. If this happens, shortly thereafter, a Writ of Fieri Facias can be filed for the requested amount that the creditor is trying to recover from you. This amount will continue to accrue interest at the statutory rate for as long as it remains unpaid, which will make it very difficult to ever pay off in the future.

Fortunately, in either a Chapter 7 or Chapter 13, I can avoid the judgment lien (FIFA) on any household goods that are exempt under applicable state law. Most people's property will be fully exempt, or protected, in a Chapter 13 or Chapter 7 bankruptcy. Also, if you own real property that already has a mortgage on it, that mortgage will likely be worth more than the value of the property. For instance, if your house is worth $150,000, and you owe the bank $140,000, you $10,000 of equity. If Midland Funding or some other debt buyer sues you, you choose not to defend it, and they pop you with a $20,000 writ of fieri facias, they can potentially do a sheriff's sale on your home and take the $10,000 in equity you have.

But, if you file bankruptcy, your Georgia bankruptcy exemptions will allow you to protect that entire $10,000 in equity, meaning that we can avoid that FIFA completely. This will turn a secured debt (a debt that is secured by some collateral, such as your house or car) in to an unsecured debt (debt that is not secured by anything but a promise to pay, like credit cards or medical bills).

If you want to figure out how much your home is worth, check out Zillow.com and your local tax assessor. Those are good starting places, and many Atlanta bankruptcy judges will accept valuations from these two sources.

​At Rountree Leitman Klein & Geer, LLC, we pride ourselves on our commitment to staying at the forefront of legal knowledge and expertise. That's why we're thrilled to highlight Partner David S. Klein's recent presentation at the State Bar of Georgia, Real Property Law Section's Title Standards CLE Seminar, held on February 27, 2024.

The seminar provided a platform for legal professionals to delve into the intricate nuances of title litigation, a subject matter critical in real estate law. David S. Klein, a seasoned expert in this field, shed light on various forms of title litigation prevalent in Georgia.

One of the focal points of the presentation was on the diverse forms of title litigation, including Quiet Title Actions, Declaratory Judgment Actions, Reformation Actions, Fraudulent Transfers, Bankruptcy Avoidance Actions, and other pertinent legal avenues. David's comprehensive exploration of these topics provided attendees with valuable insights into the complexities and challenges inherent in resolving title disputes.

Moreover, the presentation wasn't just about theoretical concepts; David went the extra mile by offering practical practice tips derived from his extensive experience in handling title litigation cases. These insights served as invaluable takeaways for attendees, equipping them with actionable strategies to navigate the intricate landscape of title litigation effectively.

David's engaging delivery style and depth of knowledge captivated the audience, fostering an interactive and enriching learning environment. Attendees left the seminar with a deeper understanding of title litigation and a newfound confidence in their ability to address related legal challenges.

If you wish to access David's presentation, please click here.

At Rountree Leitman Klein & Geer, LLC, we understand the importance of continuous learning and professional development. David S. Klein's participation as a speaker at such esteemed events reaffirms our dedication to sharing our expertise with the legal community and contributing to the advancement of the field.

As we reflect on David's impactful presentation, we look forward to continuing our tradition of excellence in legal education and advocacy. Stay tuned for more updates on our firm's contributions to the legal landscape, as we remain committed to serving our clients with the highest standards of professionalism and expertise.