If execution issues on a judgment recovered by the plaintiff against the defendant and the executing officer returns the same marked “No property to be found,” a fi. fa. may issue against the plaintiff for the purpose of recovering the costs from him; and, if the plaintiff resides outside the state, the fi. fa. shall issue against his attorney also.
§ 9-15-12.Liability of plaintiff and attorney for costs when execution returned unsatisfied
Chapter 15. Court and Litigation Costs · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-15-12 lets a fi. fa. issue against a plaintiff to recover court costs when execution on the plaintiff’s judgment against the defendant comes back with no property found to satisfy it, and requires that fi. fa. to issue against the plaintiff’s attorney as well whenever the plaintiff lives outside Georgia.
Full Text of § 9-15-12
Plain-English Summary
Winning a judgment doesn’t guarantee the winner ends up ahead on costs. If execution issues on a judgment the plaintiff recovered against the defendant, and the executing officer’s return comes back marked “No property to be found,” a fi. fa. may issue against the plaintiff instead, aimed at recovering the costs the case generated. The word “may” leaves that step to discretion rather than making it automatic.
That discretion narrows when the plaintiff lives outside Georgia. In that situation, the fi. fa. shall issue against the plaintiff’s attorney as well, giving the court a party within reach even when the plaintiff isn’t. Read alongside Code Section 9-15-6, which imposes similar exposure on attorneys representing nonresident clients, this section shows a consistent theme running through the chapter: when the party most directly liable for costs is hard to collect from, Georgia law looks to the attorney who brought the case.
Frequently Asked Questions
What happens to court costs if the defendant has no property to satisfy the judgment?
A fi. fa. may issue against the plaintiff to recover the costs generated by the case, once the executing officer returns the original execution marked “No property to be found.”
Is issuing this fi. fa. against the plaintiff mandatory?
No, the statute says a fi. fa. “may” issue against the plaintiff — it’s discretionary, not automatic.
What changes if the plaintiff lives outside Georgia?
The fi. fa. shall issue against the plaintiff’s attorney as well — that part of the statute is mandatory once the plaintiff’s nonresidence is established.
What does “No property to be found” mean in this context?
It’s the executing officer’s return on the original execution, reporting that the defendant has no property that can be levied on to satisfy the judgment.
Can a winning plaintiff end up owing money because of this section?
Yes. If the defendant turns out to be judgment-proof, the plaintiff — and possibly the plaintiff’s nonresident attorney — can still be pursued for the costs the case generated.
Amendment History
Laws 1842, Cobb’s 1851 Digest, p. 507; Code 1863, § 3611; Code 1868, § 3636; Code 1873, § 3686; Code 1882, § 3686; Civil Code 1895, § 5395; Civil Code 1910, § 5993; Code 1933, § 24-3411.
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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