§ 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
Full Text of § 9-12-86
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.