Real Property Levy
Civil Division Requirements for a Real Property Levy
- A request, in writing, to the Hall County Sheriff's Office, Civil Division to levy upon and sell real property to satisfy a Fieri Facias (Fi. Fa.). In your request for the Civil Division to levy on real property, you must include a statement that there is either no personal property to be levied upon to satisfy the judgment or that there is insufficient personal property found to be levied upon to satisfy the judgment.
- We must have the original Fi. Fa. We cannot accept copies of a Fi. Fa. The Fi. Fa. must have been recorded in the county where the judgment originated. If the judgment originated outside of Hall County, the judgment must also be recorded in Hall County. If the original Fi. Fa. has been lost, we can accept a properly marked "Alias," issued by the original issuer (Clerk of Court) with the same judgment date as the original Fi. Fa. and endorsed as an "Alias."
- A full and complete legal description of the real property that you want us to levy upon and sell. This description must include the "metes and bounds" in the legal description and be in Microsoft Word format. This will be used for the Ad, which will be in the legal section of The Gainesville Times (the legal organ for the county). Please contact Court Services at (770) 531-7090.
- A Certificate of Title certified by an attorney authorized to practice law in the State of Georgia. The Certificate of Title must be less than 30 days old. The name of the current owner of the property must be shown. In addition it must include a list of all lien holders with their name(s), address(es) and the date the lien(s) was/were recorded.
- A certified copy of the warranty deed for the subject property.
- Please note than any mortgage(s) [security deed(s)] must be extinguished (pay off the mortgage) prior to our levying. You will need to provide us the dollar amount that was paid to do this. We will need proof that this has been done.
- A check for $50 made out to the Sheriff of Hall County for the statutory levy fee.
- The cost of the newspaper ad will be the responsibility of the plaintiff on the Fi. Fa.
Sheriff's Sales are held on the 1st Tuesday of each month unless the 1st Tuesday falls on a holiday and then it is held on the next day following the 1st Tuesday of the month. We are required to publish the sale notice for 4 consecutive weeks prior to the 1st Tuesday of the month in the designated legal organ of the county, which is The Gainesville Times. The designated person in the Civil Division will coordinate with the plaintiff or the plaintiff's attorney as to the cut off time and date in order to place the ad in the newspaper in a timely manner.
Please note that we reserve the right to add, change, or delete from this list.