Post-Judgement Interrogatories

Definition

Post-Judgement Interrogatories are actions where a secured party can seek return of a property that secures a debt.

Jurisdiction

The Magistrate Court has jurisdiction to handle Post Judgment Interrogatories where the judgment is $15,000 or less.

Venue

The venue is appropriate in the county where the person resides and must be personally served.

Filing Fee

If the judgment was entered in the Magistrate Court of Effingham County, the cost is $10. If the judgment was entered in another court, the cost for filing Post Judgment Interrogatories is $95. Checks should be made payable to Magistrate Court.

Procedures for Post Judgment Interrogatories

The Clerk of Magistrate Court provides forms required for filing Post Judgment Interrogatories (PDF). An applicant may appear in person in the office of Magistrate Court and the clerk will process your paperwork. If you prefer, you may download the form, and mail it in. Mailed forms must be completely filled out and properly signed and notarized. If your judgment is from another court, you must include a certified copy of that Judgment with your application.

Answer

A person who has been served with a Post Judgment Interrogatory has 30 days to file an answer with the Magistrate Court. If an answer is not filed within 30 days, the plaintiff may request the judge hold the defendant in contempt for failure to answer.