17-10-20
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17-10-20.
(a)
In any case in which a fine or restitution is imposed as part of the sentence,
such fine and restitution shall constitute a judgment against the defendant.
Upon the request of the prosecuting attorney, it shall be the duty of the clerk
of the sentencing court to issue a writ of fieri facias thereon and enter it on
the general execution docket of the superior court of the county in which such
sentence was imposed. Such fieri facias may also be entered on the general
execution docket in any county in which the defendant owns real property.
(b)
If, in imposing sentence, the court sets a time certain for such fine or
restitution to be paid in full, no execution shall issue upon the writ of fieri
facias against the property of the defendant until such time as the time set by
the court for payment of the fine or restitution shall have expired.
(c)
If the fine or restitution is not paid in full, such judgment may be enforced by
instituting any procedure for execution upon the writ of fieri facias through
levy, foreclosure, garnishment, and all other actions provided for the
enforcement of judgments in the State of Georgia and in other states and foreign
nations where such judgment is afforded full faith and credit under the Uniform
Foreign Money Judgments Act or domestication thereof.
(d)
If the fine is not paid in full by the expiration of the time set by the court
for payment of the fine, the governing authority of the county or municipality
entitled to such fine may institute procedures to enforce such judgment as
provided by subsection (c) of this Code section.
(e)
If the restitution is not paid in full by the expiration of the time set by the
court for payment of the restitution, the prosecuting attorney or the victim
entitled to receive such restitution may institute procedures to enforce such
judgment as provided by subsection (c) of this Code section.
(f)
Notwithstanding the provisions of Code Section 9-12-60, a judgment entered on
the general execution docket pursuant to this Code section shall not become
dormant during any period when the defendant is incarcerated and for seven years
thereafter. Such judgment shall be subject to revival in the same manner as
provided for dormant judgments under Code Section 9-12-60.
(g)
No fees, costs, or other charges authorized by law in civil cases shall be
charged by a clerk of superior court for entering a judgment arising out of a
criminal case on the general execution docket or for any action brought by the
state to enforce such judgment.
(h)
The provisions of this Code section shall be supplemental to any other provision
of law applicable to the collection of fines or restitution in criminal cases.