When a judgment has been transferred, the scire facias shall issue in the name of the original holder of the judgment for the use of the transferee.
§ 9-12-65.Scire facias when judgment transferred
Chapter 12. Verdict and Judgment · Article 3. Dormancy and Revival of Judgments · Last amended 1982 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-12-65 provides that when a judgment has been transferred, the scire facias to revive it must issue in the name of the original judgment holder, for the use of the transferee.
Full Text of § 9-12-65
Plain-English Summary
Judgments in Georgia can change hands — a creditor can transfer a judgment to someone else, who then stands to collect on it. This section addresses what happens when that transferred judgment goes dormant and needs reviving: the scire facias still issues in the name of the person who originally held the judgment, not in the name of whoever now owns it.
The phrase “for the use of the transferee” is what keeps the transferee’s interest protected within that framework. The proceeding is styled around the original holder’s name as a matter of form, but it is prosecuted for the benefit of the party who now holds the transferred rights to the judgment.
This naming convention mirrors how Georgia treats transferred judgments more generally elsewhere in this title: the transferee steps into the original holder’s enforcement rights, but the formal proceedings to enforce or revive the judgment continue to reference the name under which the judgment was originally entered.
Frequently Asked Questions
In whose name does the scire facias issue after a judgment has been transferred?
In the name of the original holder of the judgment, not the transferee.
Does transferring a judgment cut off the transferee’s ability to revive it?
No. The scire facias issues in the original holder’s name but “for the use of the transferee,” meaning it is prosecuted for the transferee’s benefit.
Why would Georgia keep the original holder’s name on the proceeding after a transfer?
It preserves consistency with the judgment’s original record and parties, while the “for the use of” language ensures the proceeding still serves the transferee who now holds the enforcement rights.
Does this section change who is entitled to collect once the judgment is revived?
No. It governs how the revival proceeding is styled, not who ultimately benefits from the revived judgment, which remains the transferee.
Does this section apply only to scire facias, or also to an action to renew a judgment?
By its terms, this section addresses scire facias specifically; it speaks to how that particular revival proceeding is captioned once a transfer has occurred.
Amendment History
Orig. Code 1863, § 3528; Code 1868, § 3551; Code 1873, § 3610; Code 1882, § 3610; Civil Code 1895, § 5384; Civil Code 1910, § 5979; Code 1933, § 110-1009; Ga. L. 1982, p. 3, § 9.
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
Also known as: georgia scire facias transferred judgmentrevive judgment after transfer georgiafor the use of transferee georgia judgmentjudgment assignee scire facias georgia