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C-Staff Inc. v. Liberty Mut. Ins. Co.

O.C.G.A. § 9-11-69 does not authorize a judgment creditor to implead and hold persons liable who were not parties to the underlying judgment

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While pursuing efforts to execute on a judgment that Liberty Mutual Insurance Company had obtained against C-Staff, Inc., Liberty Mutual invoked OCGA § 9-11-69 to implead various persons and entities that had not been parties to the underlying action in which Liberty Mutual obtained its judgment. The United States Court of Appeals for the Eleventh Circuit certified to this Court the question of whether OCGA § 9-11-69 authorizes a judgment creditor to implead and hold liable persons who were not parties to the underlying judgment. We hold that it does not. In Georgia, a judgment-creditor must initiate a separate civil action against persons it claims are liable for a judgment to which they were not parties by filing a complaint and serving the defendants under the procedures set forth in the Civil Practice Act.

In March 1996, Liberty Mutual sued C-Staff, Thomas Keesee and others in the federal district court in Miami. That court dismissed Keesee for lack of personal jurisdiction, and a jury subsequently awarded Liberty Mutual over $3.7 million against C-Staff. In April 1998, Liberty Mutual registered the Florida judgment in the United States District Court for the Northern District of Georgia and obtained a writ of execution.

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