If I am sued in small claims court in Ga for $2000 dollars, and lose....?

Question

my friend is going to be sued by her former landlord for 2000 dollars, odds are she will lose. She doesn't have the money to pay if (when) she loses. Do they set up payments, if you don't pay do they put you in jail? Any websites or information would be helpful!

Answer 1

Heres the law in most states. Once a judgement for possession is issued, they will give notice to vacate the premises within 24-72 hours usually. They will also set another hearing to determine the amount of restitution. This will inlude the 2000 plus any damages the landlord claims so the hearing is set usually about a month out to give the landlord time to assess the damages. Go to this hearing!!! because landlords often lie about the damages, like that spot on the carpet means they have to replace the whole carpet at an expense of $2000 more. Take pictures when you move out to prove you left the house in good condition or the judge will rule in the landlords favor everytime. Your friend could end up owing a whole lot more than 2000.

At the same time as the damage restitution hearing the judge will usually put in place a garnishment order. If the landlord has current employment info, they will serve the garnishment order to the employer and they will garnishee your check until the debt is paid off. By federal law they can take 33% of your total gross income or enough to leave you with minimum wage income whichever is less. So the more you make the ore they take.

Lastly, the judgement is entered on your credit record and is cause for denial of future rental agreements or mortgages. So its hard to find a place to live until its paid unless you find a landlord that doesnt run a credit check.

It sucks if you dont have the money to pay for basic housing expenses. I'm sorry for your friend. But try to protect them from further damage by making sure the ladlord doesnt stick you with a ridiculous damages bill.

Answer 2

Usually in such a suit you can just ignore the judgment. (And...don't presume she'll lose!).

Once the judgment is entered, the landlord has to go back to court and get permission to get the sheriff involved and seize your property or something. They're not going to do that for $2000.

Answer 3

We don;t have debtor's prisons anymore. Her non exempt assets will be subject to being taken and sold to satisfy the debt. Portions of her earnings may be subjected to garnishment.