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§ 9-11-69.Execution; discovery in aid thereof

Chapter 11. Civil Practice Act · Article 8. Provisional and Final Remedies and Special Proceedings · Last amended 1987 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-11-69 makes a writ of execution the default process for enforcing a money judgment unless the court directs otherwise, and lets a judgment creditor use depositions, interrogatories, document production, and, on a showing of reasonable necessity, court-approved entry onto the debtor’s nonresidential real property to track down assets in aid of the judgment or execution.

Full Text of § 9-11-69

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Process to enforce a judgment for the payment of money shall be a writ of execution unless the court directs otherwise. In aid of the judgment or execution, the judgment creditor, or his successor in interest when that interest appears of record, may do any or all of the following:
(1) Examine any person, including the judgment debtor by taking depositions or propounding interrogatories;
(2) Compel the production of documents or things; and
(3) Upon a showing of reasonable necessity, obtain permission from a court of competent jurisdiction to enter upon that part of real property belonging to or lawfully occupied by the debtor which is not used as a residence and which property is not bona fide in the lawful possession of another; in the manner provided in this chapter for such discovery measures prior to judgment.

Plain-English Summary

Winning a money judgment is only half the job; collecting on it is the other half. This section names the writ of execution as the standard tool for enforcing a judgment for the payment of money, unless the court orders some other process instead, and then hands the judgment creditor — or a successor in interest whose claim appears of record — a set of discovery tools aimed at finding assets to satisfy that judgment.

Those tools mirror pre-judgment discovery. The creditor may examine any person, including the debtor, by deposition or interrogatories; may compel production of documents or things; and, on a showing of reasonable necessity, may get court permission to enter the part of the debtor’s real property that isn’t used as a residence and isn’t in the lawful possession of someone else. Each of these measures proceeds in the manner this chapter already provides for discovery before judgment, so a creditor and debtor aren’t working under a separate, unfamiliar set of rules once judgment is entered.

Together, the writ of execution and this post-judgment discovery toolkit connect the Civil Practice Act’s judgment provisions to the separate execution and levy machinery found in Chapter 13 of Title 9, giving a creditor a path from judgment to locating and reaching a debtor’s property.

Frequently Asked Questions

What is the default way to enforce a money judgment in Georgia?

A writ of execution, unless the court directs some other process.

Can a judgment creditor depose the judgment debtor to find assets?

Yes. The judgment creditor, or a successor in interest of record, may examine any person, including the debtor, through depositions or interrogatories in aid of the judgment or execution.

Can a judgment creditor make the debtor turn over documents?

Yes. This section lets the creditor compel production of documents or things in aid of the judgment or execution.

Can a judgment creditor enter the debtor’s property to look for assets?

Only with court permission, only on a showing of reasonable necessity, only on the part of real property not used as the debtor’s residence, and only where that property is not in the lawful possession of another person in good faith.

What procedure governs how these post-judgment discovery tools are used?

The same procedures this chapter provides for discovery measures taken before judgment.

Amendment History

Ga. L. 1966, p. 609, § 69; Ga. L. 1967, p. 226, § 32; Ga. L. 1987, p. 816, § 1.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026. · Official source
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