A scire facias to revive a dormant judgment in the courts must issue from and be returnable to the court of the county in which the judgment was obtained. It shall be directed to all and singular the sheriffs of this state and shall be signed by the clerk of such court who shall make out copies thereof. An original and a copy shall issue for each county in which any party to be notified resides. A copy shall be served by the sheriff of the county in which the party to be notified resides 20 days before the sitting of the court to which the scire facias is made returnable and the original shall be returned to the clerk of the court from which it issued.
§ 9-12-63.Issuance of scire facias; copies; service; return
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. § 9-12-63 sets the mechanics for issuing a scire facias to revive a dormant judgment: it must issue from and return to the court where the judgment was obtained, be signed by that court’s clerk, be copied for each county where a party to be notified resides, be served by the sheriff of that county at least 20 days before the return term, and have the original returned to the issuing clerk.
Full Text of § 9-12-63
Plain-English Summary
Reviving a dormant judgment through scire facias runs through a specific set of steps, and this section lays them out. The proceeding starts and ends in the same place: the court of the county where the original judgment was obtained is the only court that can issue the writ, and the writ must be made returnable to that same court.
The clerk of that court signs the scire facias and prepares however many copies the case requires — one original and one copy for each county where a party to be notified resides, since Georgia judgment debtors are not always found in a single county. The writ is directed broadly, to all the sheriffs of the state, so whichever county needs to serve it has the authority to do so.
Service and timing follow a fixed rule: the sheriff of the county where the party to be notified resides must serve the copy at least 20 days before the court term to which the scire facias is returnable. Once served, the original goes back to the clerk of the issuing court, completing the loop between service in the field and the record back at the courthouse.
Frequently Asked Questions
Which court can issue a scire facias to revive a judgment?
Only the court of the county in which the original judgment was obtained; the writ must issue from and be returnable to that court.
Who signs the scire facias and prepares the copies?
The clerk of the court where the judgment was obtained signs the writ and makes out the necessary copies.
How many copies of the scire facias are needed when parties live in different counties?
An original and a copy issue for each county in which any party to be notified resides.
How much advance notice must the served party receive before the return term?
The copy must be served by the sheriff of the county where the party resides at least 20 days before the sitting of the court to which the scire facias is returnable.
What happens to the original scire facias after service?
It is returned to the clerk of the court from which it issued, completing the service record for the case.
Amendment History
Orig. Code 1863, § 3525; Code 1868, § 3548; Code 1873, § 3607; Code 1882, § 3607; Civil Code 1895, § 5381; Civil Code 1910, § 5976; Code 1933, § 110-1006.
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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