Syfert Injury Law Firm
Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448A scire facias to revive a dormant judgment in the courts must issue from and be returnable to the court of the county in which the judgment was obtained. It shall be directed to all and singular the sheriffs of this state and shall be signed by the clerk of such court who shall make out copies thereof. An original and a copy shall issue for each county in which any party to be notified resides. A copy shall be served by the sheriff of the county in which the party to be notified resides 20 days before the sitting of the court to which the scire facias is made returnable and the original shall be returned to the clerk of the court from which it issued.
(Orig. Code 1863, § 3525; Code 1868, § 3548; Code 1873, § 3607; Code 1882, § 3607; Civil Code 1895, § 5381; Civil Code 1910, § 5976; Code 1933, § 110-1006.)
Whole judgment must be revived, and not a part of the judgment. Funderburk v. Smith, 74 Ga. 515 (1885).
- All parties to the original judgment must be parties to the proceeding to renew or revive it, and if one of them has removed from the state, that one should be made a party and be served by publication. Funderburk v. Smith, 74 Ga. 515 (1885).
- This section contemplates personal service. Service by leaving a copy at the most notorious place of abode of the defendant is not sufficient. Atwood v. Hirsch, 123 Ga. 734, 51 S.E. 742 (1905); Fielding v. M. Rich & Bros. Co., 46 Ga. App. 785, 169 S.E. 383 (1933); Strickland v. Willingham, 49 Ga. App. 355, 175 S.E. 605 (1934).
Service within less than the time prescribed by this section is a nullity. The mere service of an order to continue a case for the purpose of perfecting service would not supply the place of the service of the scire facias. Donaldson v. Dodd, 79 Ga. 763, 4 S.E. 157 (1887); Fielding v. M. Rich & Bros. Co., 46 Ga. App. 785, 169 S.E. 383 (1933).
- When a petition for the writ of scire facias to revive a dormant judgment was filed and process issued requiring the defendant to appear on a date which was less than 20 days before the sitting of the court to which the petition was returnable, and the defendant made a motion to dismiss the petition because the petition was not served within the time required by law and the trial judge amended the petition and process and the defendant was served with a copy thereof more than 20 days before the next term of the court, a motion to dismiss the petition for scire facias because not served according to law was properly overruled. Fielding v. M. Rich & Bros. Co., 46 Ga. App. 785, 169 S.E. 383 (1933).
- After conceding that the judgment creditor allowed a judgment against a judgment debtor to become dormant, the trial court did not err in denying the creditor's petition for a writ of scire facias upon the creditor's failure to comply with the procedural filing requirements of O.C.G.A. § 9-12-63 and service upon the judgment debtor was not properly effectuated. Popham v. Jordan, 278 Ga. App. 254, 628 S.E.2d 660 (2006).
- Scire facias is to be brought in the court where the judgment was rendered. Funderburk v. Smith, 74 Ga. 515 (1885); Oxford v. Generator Exch., Inc., 99 Ga. App. 290, 108 S.E.2d 174 (1959).
Cited in Hogan v. Scott, 109 Ga. App. 799, 137 S.E.2d 575 (1964).
- 46 Am. Jur. 2d, Judgments, §§ 391 et seq., 407 et seq.
- 49 C.J.S., Judgments, § 867.
No results found for Georgia Code 9-12-63.