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Debt Laws | Federal
Laws | Consumer Protection
State Laws
Georgia Debtor and Creditor
In all cases where a money judgment shall have been obtained in a court of this state or in a federal court sitting in this state, the plaintiff shall be entitled to the process of garnishment.
The plaintiff, the plaintiff's attorney at law, or the plaintiff's agent shall make, on personal knowledge, an affidavit setting forth that the plaintiff has a judgment against a named defendant, the amount claimed to be due on the judgment, the name of the court which rendered the judgment, and the case number thereof. Upon the filing of the affidavit with the clerk of any court having jurisdiction over the garnishee, the clerk shall cause a summons of garnishment to issue forthwith; provided, however, that the affidavit shall first be made and be approved as containing the information required by this Code section in one of the following ways:
(1) The affidavit may be made before and approved by a judge of the court in which the garnishment proceeding is filed;
(2) The affidavit may be made before and approved by a judge of the court that rendered the judgment upon which the garnishment is based;
(3) The affidavit may be made before and approved by a judge of any court of record;
(4) The affidavit may be made before any officer authorized to administer oaths, including a notary public, provided that the affidavit is then submitted by mail or in person to any judge of a court specified in paragraph (1), (2), or (3) of this Code section and is approved by him; or
(5) The affidavit may be made before the clerk or deputy clerk of the court in which the garnishment is filed or before any officer authorized to administer oaths, including a notary public, and may be approved by the clerk or deputy clerk if the judge or judges of the court promulgate rules supervising the initiation of the garnishment proceedings and the affidavit is made and approved pursuant to such rules. No court rule or practice shall preclude a plaintiff from proceeding pursuant to paragraph (1), (2), (3), or (4) of this Code section.
(a) The summons of garnishment shall be directed to the garnishee, commanding him to file an answer stating what money or other property is subject to garnishment. Except as provided in subsection (b) or (c) of this Code section, the answer must be filed with the court issuing the summons not sooner than 30 days and not later than 45 days after the service of the summons and must be accompanied by the money or other property subject to garnishment. Upon the affidavit and summons being delivered to the sheriff, marshal, constable, or like officer of the court issuing the summons, it shall be his duty to serve the summons of garnishment upon the person to whom it is directed and to make his entry of service upon the affidavit and return the affidavit to the court. The summons of garnishment shall state that, if the garnishee fails to answer the summons, a judgment by default will be entered against the garnishee for the amount claimed by plaintiff against the defendant.
(b) Under circumstances where the defendant has been an employee of the garnishee, and if the defendant is no longer employed by the garnishee, and if the garnishee has no money or property of the defendant subject to garnishment, the garnishee may immediately file an answer; however, such answer shall be filed not later than 45 days after the service of the summons.
(c) If the garnishee is a bank or other financial institution and if the defendant does not have an active account with, and is not the owner of any money or property in the possession of, the bank or financial institution then the garnishee may immediately file an answer; however, such answer shall be filed not later than 45 days after the service of the summons.
(a) Summons of garnishment may issue from time to time on the same affidavit until the judgment is paid or the garnishment proceeding is otherwise terminated in accordance with this chapter.
(b) In the event no summons of garnishment has been issued on an affidavit for two years or more, the garnishment proceeding based on that affidavit shall automatically stand dismissed.
(a) In a garnishment based on a judgment, the defendant shall be given notice of the filing of the first summons of garnishment on an affidavit for garnishment and of the issuance of an additional summons of garnishment on such affidavit when no notice has been given to the defendant within 90 days immediately preceding the issuance of such additional summons, using any one or more of the following methods:
(1) The plaintiff, at the time the garnishment is filed with the clerk, shall commence procedures to effectuate the service of a copy of the summons of garnishment on the defendant; and service thereafter shall be made on the defendant as soon as is reasonably practicable. Service pursuant to this paragraph shall be made pursuant to Code Section 9-11-4;
(2) The plaintiff, after issuance of the summons of garnishment and not more than three business days after service of the summons of garnishment on the garnishee, shall cause a written notice to be sent to the defendant at the defendant's last known address by registered or certified mail or statutory overnight delivery, return receipt requested. Either the return receipt indicating receipt by the defendant or the envelope bearing the official notification from the United States Postal Service of the defendant's refusal to accept delivery of such registered or certified mail or statutory overnight delivery shall be filed with the clerk of the court in which the garnishment is pending. The defendant's refusal to accept such registered or certified mail or statutory overnight delivery addressed to defendant shall be deemed notice to defendant;
(3) The plaintiff, after the issuance of the summons of garnishment and not more than three business days after service of the summons of garnishment on the garnishee, shall cause a written notice to be delivered personally to the defendant by the plaintiff or by the plaintiff's attorney at law or other agent. A certification by the person making the delivery shall be filed with the clerk;
(4)(A) When the defendant resides out of the state, has departed the state, cannot, after due diligence, be found within the state, or conceals his place of residence from the plaintiff and the fact shall appear, by affidavit, to the satisfaction of the judge or clerk of the court, the levy and attachment of the lien of the garnishment shall constitute sufficient notice to the defendant, provided such levy and attachment of the lien of garnishment alone shall constitute sufficient notice, unless the plaintiff has actual knowledge of the defendant's address, in which case, to provide sufficient notice, the plaintiff shall also mail a written notice of garnishment to the defendant at said address; or, not having such actual knowledge of the defendant's address but the address at which the defendant was served being shown on the return of service in the action resulting in the judgment, to provide sufficient notice, the plaintiff shall also mail a written notice of garnishment to the defendant at said address.
(B) A mailing of the written notice provided for in this Code section shall be made after the issuance of the summons of garnishment and not more than three business days after service of the summons of garnishment on the garnishee; and a certificate of such mailing shall be filed with the clerk by the person mailing the notice;
(5)(A) Where it shall appear by affidavit that a defendant in the garnishment action is not a resident of this state or has departed from this state, or after due diligence cannot be found in this state, or conceals his place of residence from the plaintiff, notice may be given by causing two publications of the written notice in the paper in which advertisements are printed by the sheriff in each county in which a summons of garnishment is served. Such publications must be at least six days apart; and the second publication must be made not more than 21 days after the service of the summons of garnishment on the garnishee. A certification by the person causing the notice to be published shall be filed with the clerk, provided such publication shall constitute sufficient notice alone, unless the plaintiff has actual knowledge of the defendant's address, in which case, to provide sufficient notice, the plaintiff shall also mail a written notice of garnishment to the defendant at said address.
(B) A mailing of the written notice provided for in this Code section shall be made after the issuance of the summons of garnishment and not more than three business days after service of the summons of garnishment on the garnishee; and a certificate of such mailing shall be filed with the clerk by the person mailing the notice;
(6) After issuance of the summons of garnishment and not more than three business days after service of the summons of garnishment on the garnishee, the plaintiff shall send by ordinary mail a written notice of the garnishment to the defendant at the address at which the defendant was served in the action resulting in the judgment on which the garnishment proceeding is based; provided, however, this paragraph may be used only when the garnishment proceeding is commenced within 60 days after the judgment upon which the garnishment is based was obtained. A certification by the person mailing the notice shall be filed with the clerk;
(7) Where the defendant's address is known, the plaintiff, after issuance of the summons of garnishment and not more than three business days after service of the summons of garnishment on the garnishee, shall send to the defendant at such known address by ordinary mail a written notice of the garnishment. A certification by the person mailing the notice shall be filed with the clerk.
(b) The receiving by the defendant of actual timely notice of a summons of garnishment shall constitute notice.
(c) "Written notice," as referred to in paragraphs (2) through (7) of subsection (a) of this Code section, shall consist of a copy of the summons of garnishment or of a document which includes the names of the plaintiff and the defendant, the amount claimed in the affidavit of garnishment, a statement that a garnishment against the property and credits of the defendant has been or will be served on the garnishee, and the name of the court issuing the summons of garnishment.
(d) The methods of notification specified in subsection (a) of this Code section are cumulative and may be used in any sequence or combination. Where it appears that a plaintiff has reasonably, diligently, and in good faith attempted to use one method, another method thereafter may be utilized; and, for the time during which the attempt was being made, the time limit shall be tolled for the subsequent method.
(e) No money or other property delivered to the court by the garnishee shall be distributed; nor shall any judgment be rendered against the garnishee until after the expiration of ten days from the date of compliance with at least one method of notification provided by subsection (a) of this Code section.
(a) When garnishment proceedings are based upon a judgment, the defendant, by traverse of the plaintiff's affidavit, may challenge the existence of the judgment or the amount claimed due thereon. The defendant may plead any other matter in bar of the judgment, except as provided in subsection (b) of this Code section.
(b) The validity of the judgment upon which a garnishment is based may only be challenged in accordance with Chapter 11 of Title 9; and no such challenge shall be entertained in the garnishment case. However, where the court finds that the defendant has attacked the validity of the judgment upon which the garnishment is based in an appropriate forum, the judge may order the garnishment released and stayed until the validity of the judgment has been determined in such forum.
(c) If the garnishment proceedings are based upon a pending action, the case shall proceed in accordance with Code Section 18-4-45.
For the purpose of Articles 1 through 5 of this chapter, the following forms are declared to be sufficient for garnishment after judgment, provided that nothing in this Code section shall be construed to require the use of particular forms in any proceeding under this article:
(1) Garnishment affidavit.
(2) Summons of garnishment.
IN THE COURT OF COUNTY
STATE OF GEORGIA
)
Plaintiff )
)
v. ) Civil action
) File no.
)
Defendant )
Social security )
number )
)
)
Garnishee )
)
)
Address )
SUMMONS OF GARNISHMENT
To: Garnishee
Amount claimed due by plaintiff $
(To be completed by plaintiff)
Plus court costs due on the summons $
(To be completed by the clerk)
YOU ARE HEREBY COMMANDED to hold immediately all property, money, wages,
except what is exempt, belonging to the defendant, or debts owed to the
defendant named above at the time of service of this summons and between
the time of service of this summons and the time of making your answer. Not
sooner than 30 days but not later than 45 days after you are served with
this summons, you are commanded to file your answer in writing with the
clerk of this court and serve a copy upon the plaintiff or his attorney
named below. Money or other property subject to this summons should be
delivered to the court with your answer. Should you fail to answer this
summons, a judgment will be rendered against you for the amount the
plaintiff claims due by the defendant.
Witness the Honorable , Judge of said Court.
This day of , .
Clerk,
Court of County
Plaintiff's attorney
Address
Service perfected on
garnishee, this
day of , .
Deputy marshal, sheriff, or constable
(3) Defendant's traverse and order thereon.
IN THE COURT OF COUNTY
STATE OF GEORGIA
)
Plaintiff )
)
v. ) Civil action
) File no.
)
Defendant )
)
)
Garnishee )
TRAVERSE OF DEFENDANT
Now comes the defendant in the above-styled case and traverses the
plaintiff's affidavit by saying the same is untrue or legally insufficient.
Defendant or his
attorney at law
ORDER
It is hereby ordered that a hearing be held upon the defendant's
traverse before this court on the day of , , at : .M., and that
a copy of the defendant's traverse and this order be served as provided by
law.
This day of , .
Judge,
Court of County
(CERTIFICATE OF SERVICE)
IN THE COURT OF COUNTY
STATE OF GEORGIA
)
Plaintiff )
)
v. ) Civil action
) File no.
)
Defendant )
)
)
Garnishee )
ANSWER OF GARNISHEE
1.
At the time of service or from the time of service to the time of this
answer, garnishee had in his possession the following described property of
the defendant:
2.
At the time of service or from the time of service to the time of this
answer, all debt accruing from garnishee to defendant is in the amount of
$ .
3.
$ of the amount named in paragraph 2 was wages earned at the rate of
$ per for the period beginning (date) , , through the time of
making this answer. The amount of wages which is subject to this
garnishment is computed as follows:
$ Gross earnings
$ Total social security and withholding tax
$ Total disposable earnings
$ Amount of wages subject to garnishment
4.
Garnishee further states: .
Garnishee or his
attorney at law
(CERTIFICATE OF SERVICE)
(5) Plaintiff's traverse.
IN THE COURT OF COUNTY
STATE OF GEORGIA
)
Plaintiff )
)
v. ) Civil action
) File no.
)
Defendant )
)
)
Garnishee )
TRAVERSE OF PLAINTIFF
Now comes the plaintiff in the above-styled case and traverses the
garnishee's answer by saying the same is untrue or legally insufficient.
Plaintiff or his
attorney at law
(CERTIFICATE OF SERVICE)
(6) Release of garnishment.
IN THE COURT OF COUNTY
STATE OF GEORGIA
)
Plaintiff )
)
v. ) Civil action
) File no.
)
Defendant )
)
)
Garnishee )
)
)
Address )
RELEASE OF GARNISHMENT
To: Garnishee
This is to notify you that you have been released from filing an answer
to any and all summons of garnishment pending as of this date in the
above-styled case.
This release authorizes you to deliver to the defendant in garnishment
any money or other property in your possession belonging to the defendant.
This release does not terminate the garnishment proceedings, nor does
this release relieve you of any obligation placed on you by the service of
a summons of garnishment subsequent to this date.
This day of , .
Clerk,
Court of County
IN THE COURT OF COUNTY
STATE OF GEORGIA
)
Plaintiff )
)
v. ) Civil action
) File no.
)
Defendant )
)
)
Other known names )
of Defendant )
)
Current and past )
addresses of Defendant )
)
Social security number )
or federal tax )
identification number )
of Defendant )
)
)
Account or identification)
numbers of Defendant )
used by Garnishee )
)
)
Other allegations )
)
)
Garnishee )
GA Georgia Official State Statutes
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