Scire facias to revive a judgment is not an original action but is the continuation of the action in which the judgment was obtained.
§ 9-12-62.Nature of scire facias
Chapter 12. Verdict and Judgment · Article 3. Dormancy and Revival of Judgments · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-12-62 characterizes scire facias to revive a judgment as a continuation of the original lawsuit, not a new, separate action.
Full Text of § 9-12-62
Plain-English Summary
This short section settles a question of legal character rather than procedure: when a party uses scire facias to revive a dormant judgment, what kind of proceeding is that? The answer is that it continues the original case rather than starting a fresh one.
That distinction carries consequences. Because scire facias continues the earlier action, it can rely on the original case’s record, parties, and underlying judgment rather than requiring the creditor to plead and prove the claim anew as it would in an independent lawsuit. The proceeding picks up where the original case left off, aimed at reviving what already existed rather than establishing liability from scratch.
Read together with the neighboring sections on how scire facias issues and who it can be issued against, this section explains why those mechanics look the way they do — service, venue, and procedure all flow from treating the revival proceeding as part of the same case that produced the original judgment.
Frequently Asked Questions
Is scire facias a new lawsuit against the judgment debtor?
No. This section defines it as a continuation of the action in which the judgment was originally obtained, not an original action.
Why does it matter whether scire facias is a continuation rather than a new action?
Because it lets the revival proceeding build on the original case’s record and judgment rather than requiring the creditor to replead and reprove the underlying claim as in a fresh lawsuit.
Does scire facias replace the option of bringing a new action to revive a judgment?
No. The preceding section gives the judgment holder the choice between an action and scire facias, and this section only describes the legal nature of the scire facias option.
Does treating scire facias as a continuation affect who the proceeding can be brought against?
The related sections on issuance, transfer, and venue for scire facias build on this continuation principle in setting out those specific procedural requirements.
Where did this characterization of scire facias originate in Georgia law?
It traces back to Georgia’s 1863 Code and has carried forward through the state’s successive code revisions without substantive change.
Amendment History
Orig. Code 1863, § 3524; Code 1868, § 3547; Code 1873, § 3606; Code 1882, § 3606; Civil Code 1895, § 5380; Civil Code 1910, § 5975; Code 1933, § 110-1005.
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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