Gwinnett County Surplus Funds: Tax Sale & Foreclosure Claims

Updated October 13, 2026

If a property in Gwinnett 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 Gwinnett, tax sale excess funds are held by the Gwinnett County Tax Commissioner.

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.

Who holds tax sale excess funds in Gwinnett County, and how do I claim them?

Gwinnett holds tax sales a few times a year in front of the Gwinnett Justice & Administration Center at 75 Langley Drive in Lawrenceville. The Tax Commissioner publishes an excess funds list covering all years, and a claim can be filed any time after the sale until the funds are awarded.

What a claim requires. Use the excess funds claim packet. The claimant signs a notarized affidavit and attaches a copy of a valid government-issued photo ID. Incomplete or altered forms aren't accepted. In the affidavit you also agree to repay the funds if your claim is later successfully challenged, and the Tax Commissioner may first apply the funds to any past-due amounts you owe the county.

Representatives. Gwinnett notes that "you are not required to pay, or be represented by, any third party in order to claim excess funds." If you are represented by an attorney or a third party, you must still sign the affidavit and provide your ID yourself, and payment goes only to the record owner or to lienholders as of the tax sale date.

Where to send it. Gwinnett County Tax Commissioner's Office, Department of Property Tax, P.O. Box 372, Lawrenceville, GA 30046. The property tax phone line is 770-822-8800. If more than one claim is received, a judge may decide who receives the funds, and Gwinnett notes that any legal review affects the timing of payment.

How long do I have to claim?

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.

What about foreclosure surplus in Gwinnett County?

The Gwinnett Daily Post is Gwinnett County's 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. The Tax Commissioner doesn't run foreclosure sales and has no information on foreclosure 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.

What if the owner has died?

Estates are handled by the Gwinnett County Probate Court at 75 Langley Drive, Lawrenceville (770-822-8350), which uses Georgia's standard probate forms, including the petition for letters of administration.

Our guide for heirs covers who inherits and the documents counties usually ask for.

What happens if a claim goes to court?

If a judge has to decide between competing claims, the case is in Gwinnett County Superior Court. You can look it up through the Gwinnett Courts Portal.

Can I file the claim myself in Gwinnett County?

Yes. Gwinnett says you aren't required to pay or be represented by any third party, and even with help, you sign the notarized affidavit and provide your own ID. Payment goes only to the record owner or lienholders. Where we help is the packet itself: Gwinnett rejects incomplete or altered forms, so we make sure everything is filled in correctly and the right documents are attached before you send it.

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.

Sources

More Georgia guides: all guides and county pages

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