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Where to file final lien forclosure

Filed a lien in Ga. against a Burger King Restaurant where their GC I’d not pay me. It’s almost 365 days into the lien so I need to file. My attorney states that the enforcement has to be in the county to where the GC or Corporate office is which is hours away so he can not file it but according to this site it should be filed in the same county as the property? Where is the final suit to be filled. He stated foster v Wilmington Plantation which is a condo lawsuit...are they different?

2 replies

May 4, 2021

You must perfect your lien by filing a lawsuit against your customer, the GC, in the county in which the GC is located. You can join that together with the action against the owner if you can get jurisdiction over the owner in that county. Those are the general rules. Filing some distance away should it be a problem because filings are done electronically.

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May 7, 2021

Your attorney is correct. Your first suit would be against the GC, and that needs to be filed where the registered agent is located or the principal place of business. After you get your judgment, your second suit would be in the county where the property is located to foreclose on the loan. If you need an attorney, give me a call Josh Stone, Firm Stone & Bellus, P.C. 404-202-2723 cell. Josh@stonebellus.com. Hope to hear from you. Josh

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