What the Civil Division Requires for a Real Property (Real Estate) Levy
- A request, in writing, to the Gwinnett County Sheriff’s Department Civil Division to levy upon and sell real property to satisfy a Fieri Facias (Fi. Fa.). In your request for the Civil Division to levy on real property, you must include a statement that there is either no personal property to be levied upon to satisfy the judgment or that there is insufficient personal property found to be levied upon to satisfy the judgment.
- We must have the original Fi. Fa. We cannot accept copies of a Fi. Fa. The Fi. Fa. must have been recorded in the county where the judgment originated. If the judgment originated outside of Gwinnett County, the judgment must also be recorded in Gwinnett County. If the original Fi.Fa. has been lost, we can accept a properly marked “Alias,” issued by the original issuer (clerk of court) with the same judgment date as the original Fi. Fa. and endorsed as an “Alias.”
- A full and complete legal description of the real property that you want us to levy upon and sell. This description must include the “metes and bounds” in the legal description and be in Word format. This will be used for the Ad, which will be in the legal section of the Gwinnett Daily Post (the legal organ for the county). Please email this to: email@example.com.
- A Certificate of Title certified by an Attorney authorized to practice law in the State of Georgia. The Certificate of Title must be less than thirty (30) days old. The name of the current owner of the property must be shown. In addition, it must include a list of all lien holders with their name(s), address(es) and the date the lien(s) was/were recorded.
- A certified copy of the warranty deed for the subject property. Please note than any mortgage(s) [security deed(s)] must be extinguished (pay off the mortgage) prior to our levying. You will need to provide us the dollar amount that was paid to do this. We will need proof that this has been done.
- A check for $50 made out to the Sheriff of Gwinnett County for the statutory Levy fee.
- A check made out to the Sheriff of Gwinnett County for an amount to be determined by the designated person in the Civil Division to cover the estimated costs for the advertising and any other costs that the Civil Division requires to be paid in advance.