If a property in Cobb County was sold at a tax sale or a foreclosure for more than was owed, the extra money belongs to the former owner and others who had an interest in the property. In Cobb, tax sales are run by the Cobb County Tax Commissioner, and the way claims are paid is different from most counties: every excess funds claim goes through Superior Court.
General information, not legal advice. GA Asset Recovery Advocates is not a law firm. Laws and county procedures change, so check the current rules with the office holding the funds or a Georgia attorney before you act. Last updated October 13, 2026.
Cobb holds tax sales on the first Tuesday of the months it schedules one, at the Superior Court Plaza in Marietta. In 2026 that's May 5 and November 3. The Tax Commissioner posts a current excess funds list, updated monthly, on its delinquent taxes page. Funds from before June 30, 2012 have already been sent to the Georgia Department of Revenue.
Every claim goes to Superior Court. By office policy, Cobb sends excess funds to Cobb County Superior Court in an interpleader case. Anyone who files a claim is named as a party. You'll be notified of a hearing (a "rule nisi" hearing), and you can file a response, attend the hearing yourself, or hire an attorney. The court decides who gets paid, and the costs of the case come out of the funds.
How to start a claim. Fill out the request form in Cobb's excess funds packet with the property address and parcel number, the tax sale date, and a clear statement of why you're entitled to the funds, attach a copy of your driver's license, and email it to levy@cobbtax.gov. Cobb says it responds to requests within 1 to 3 business days. The levy office's number is (770) 528-8623.
Who Cobb deals with. Cobb doesn't recognize asset recovery firms or anyone acting under a power of attorney as a claimant's representative, and the form must be signed by the owner. As Cobb puts it: "You do not have to pay an asset recovery firm to claim your excess funds!"
Under Georgia law (O.C.G.A. § 48-4-5), unclaimed excess funds are sent to the Georgia Department of Revenue five years after the tax sale. After that, they can be released only by a superior court order. Our statewide tax sale guide explains who is entitled and in what order.
The Marietta Daily Journal is Cobb County's official legal organ, where foreclosure sale advertisements are published. Those advertisements usually name the law firm handling the sale, which is where to ask about a surplus.
Foreclosure surplus isn't held by the county. It's usually held by the lender or the law firm that ran the sale, and Georgia doesn't currently require them to notify you. See our foreclosure surplus guide.
Estates are handled by the Cobb County Probate Court, 32 Waddell Street, Marietta ((770) 528-1900). Cobb offers some of the best free help in the state: a monthly probate clinic where you can meet a volunteer attorney for free for up to 30 minutes about a decedent's estate.
Our guide for heirs covers who inherits and the documents counties usually ask for.
Because Cobb interpleads every claim, your claim will be a Superior Court case. You can follow it through the Clerk's online court records search.
Yes, and in Cobb you have to: Cobb doesn't recognize recovery firms or powers of attorney, and every claim becomes part of a Superior Court case. That makes Cobb claims more involved than most. We help you prepare a clear written statement of why you're entitled, gather the supporting records, and get ready for the hearing, and we work with a Georgia-licensed attorney who can represent you in court if you want one.
Working with us. Our fee is contingency only: no upfront cost, a percentage of what is recovered, agreed in writing before any work starts, and nothing owed if nothing is recovered. We can't promise that a claim will be approved or how much will be paid; those decisions belong to the office or court holding the funds. Before you sign anything with anyone, confirm the funds exist yourself. Our verify us page explains how, and our Georgia guides cover the full process.
Think you may be owed money from a Georgia sale?
Call us at (404) 999-3532 or email Support@GaAssetRecoveryAdvocates.com. There is no upfront cost, and we'll tell you honestly whether you'd be better off filing yourself.
More Georgia guides: all guides and county pages