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§ 9-12-86.Recordation in county where property located prerequisite to lien on land

Chapter 12. Verdict and Judgment · Article 4. Judgment Liens · Last amended 1983 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-12-86 requires a judgment, decree, order, or writ of fieri facias rendered after March 25, 1958 to be recorded in the office of the clerk of superior court where the real property is located, and indexed among deed books, lis pendens dockets, federal tax lien dockets, general execution dockets, and attachment dockets, before it can affect title to that real property.

Full Text of § 9-12-86

Text sizeJump to: (a) (b) (c) (d)

(a) For purposes of this Code section, the term “applicable records” shall include deed books, lis pendens dockets, federal tax lien dockets, general execution dockets, and attachment dockets.
(b) No judgment, decree, or order or any writ of fieri facias issued pursuant to any judgment, decree, or order of any superior court, city court, magistrate court, municipal court, or any federal court shall in any way affect or become a lien upon the title to real property until the judgment, decree, order, or writ of fieri facias is recorded in the office of the clerk of the superior court of the county in which the real property is located and is entered in the indexes to the applicable records in the office of the clerk. Such entries and recordings must be requested and paid for by the plaintiff or the defendant, or his attorney at law.
(c) The recording and indexing required by this Code section shall be in addition to and supplemental to all other recording of judgments, decrees, and orders required by law.
(d) This Code section shall only apply to judgments, decrees, or orders rendered after March 25, 1958.

Plain-English Summary

Subsection (a) defines a term used throughout the rest of the section: "applicable records" means deed books, lis pendens dockets, federal tax lien dockets, general execution dockets, and attachment dockets. That is a broader sweep of records than the general execution docket alone, reaching into the full set of indexes a title examiner would search when checking whether real property is encumbered.

Subsection (b) is the operative rule. No judgment, decree, or order — and no writ of fieri facias issued on one — from a superior court, city court, magistrate court, municipal court, or federal court affects or becomes a lien on title to real property until it is recorded in the office of the clerk of superior court of the county where the property is located, and entered in the indexes to those applicable records. The section places the burden of getting this done, and paying for it, on the plaintiff or defendant or their attorney — it does not happen automatically.

Subsections (c) and (d) round out the picture. The recording and indexing this section requires supplements, rather than replaces, whatever other recording the law requires elsewhere in the article. And the whole requirement applies only going forward from its effective date — judgments, decrees, and orders rendered after March 25, 1958 — leaving older judgments to whatever recording rules applied when they were entered.

Frequently Asked Questions

What five categories of records make up "applicable records" under subsection (a)?

Deed books, lis pendens dockets, federal tax lien dockets, general execution dockets, and attachment dockets.

Where must a judgment, decree, order, or writ of fieri facias be recorded to affect title to real property?

In the office of the clerk of the superior court of the county in which the real property is located, with entries made in the indexes to the applicable records described in subsection (a).

Who is responsible for requesting and paying for the recording and indexing?

The plaintiff, the defendant, or an attorney at law acting for either of them must request and pay for the entries and recordings; the clerk does not do this on its own initiative.

Does this recording requirement replace the docketing rules found elsewhere in this article?

No. Subsection (c) states that this recording and indexing is in addition to and supplemental to all other recording of judgments, decrees, and orders required by law, not a substitute for it.

Does this Code section apply to judgments entered before March 25, 1958?

No. Subsection (d) limits the section to judgments, decrees, or orders rendered after March 25, 1958.

Amendment History

Ga. L. 1958, p. 379, §§ 1-5; Ga. L. 1966, p. 142, §§ 1-3; Ga. L. 1983, p. 884, § 3-5.

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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