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Debt Laws | Federal
Laws | Consumer Protection
State Laws
Georgia Debtor and Creditor
In addition to garnishment proceedings otherwise available under this chapter, in cases where a money judgment shall have been obtained in a court of this state or a federal court sitting in this state, the plaintiff shall be entitled to the process of continuing garnishment against any garnishee who is an employer of the defendant against whom the judgment has been obtained. Unless otherwise specifically provided in this article, the methods, practices, and procedures for continuing garnishment shall be the same as for any other garnishment as provided in this chapter, including, but not limited to, those proceedings after answer as provided in Code Section 18-4-89.
(a) All debts owed by the garnishee to the defendant at the time of service of summons of continuing garnishment upon the garnishee and all debts accruing from the garnishee to the defendant from such date of service to and including the one hundred seventy-ninth day thereafter shall be subject to process of continuing garnishment; and no payment made by the garnishee to the defendant or to his order or by any arrangement between the defendant and the garnishee after the date of the service of the summons of continuing garnishment upon the garnishee shall defeat the lien of such garnishment.
(b) All property, money, or effects of the defendant in the possession or control of the garnishee at the time of service of the summons of continuing garnishment upon the garnishee or coming into the possession or control of the garnishee at any time from the date of such service to and including the one hundred seventy-ninth day thereafter shall be subject to process of continuing garnishment, except in the case of collateral securities in the hands of a creditor. Such securities shall not be subject to continuing garnishment so long as there is an amount owed on the debt for which such securities were given as collateral.
(c) Notwithstanding this Code section, the exemptions from garnishment required or allowed by law, including, but not limited to, exemptions provided by Code Sections 18-4-20 and 18-4-22, shall be applicable to a continuing garnishment.
(a) In addition to the information required by Code Section 18-4-61, an affidavit for continuing garnishment shall state that the plaintiff believes that the garnishee is or may be an employer of the defendant and subject to continuing garnishment and shall request that a summons of continuing garnishment shall issue. Upon the filing of the affidavit with the clerk of any court having jurisdiction over the garnishee, the clerk shall cause a summons of continuing garnishment to issue forthwith, provided that the affidavit shall first be made and approved as containing the information required by Code Section 18-4-61 and by this Code section in one of the ways provided for in Code Section 18-4-61.
(b) Only one summons of continuing garnishment may issue on one affidavit for continuing garnishment, and the defendant shall be given notice of the issuance of the summons using any method provided for in Code Section 18-4-64.
(c) The plaintiff, using either forms provided by the court or forms prepared by himself, shall cause forms sufficient for seven answers to a summons of continuing garnishment to be served on the garnishee along with the summons.
(a) The summons of continuing garnishment shall be directed to the garnishee, who shall be required:
(1) To file a first answer no later than 45 days after service of summons of continuing garnishment, which answer shall state what property, money, or other effects of the defendant are subject to continuing garnishment from the time of service through and including the day of the first answer;
(2) To file further answers for the remaining period covered by the summons of continuing garnishment. Further answers shall be filed no later than 45 days after the previous answer date. Further answers shall state what property, money, or other effects of the defendant are subject to continuing garnishment from the previous answer date through and including the date on which that next answer is filed. No subsequent answers shall be required on a summons of continuing garnishment if the last answer filed states what property, money, or other effects of the defendant are subject to continuing garnishment from the previous answer date to and including the one hundred seventy-ninth day after service of summons of continuing garnishment. The last answer shall be filed, notwithstanding the other provisions of this paragraph, no later than the one hundred ninety-fifth day after service. For purposes of this paragraph, "previous answer date" means the date upon which the immediately preceding answer to the summons of continuing garnishment was filed as provided in this subsection; and
(3) To accompany all such answers with any property, money, or other effects of the defendant admitted in the answer to be subject to continuing garnishment.
(b) The summons of continuing garnishment shall state the requirements of subsection (a) of this Code section and shall inform the garnishee that failure to comply with such requirements may result in a judgment against the garnishee for the entire amount claimed due on the judgment against the defendant.
If the garnishee serves his answer on the plaintiff as provided in Code Section 18-4-83, the plaintiff must traverse the answer within 15 days after it is served or the garnishee is automatically discharged from further liability with respect to such answer.
(a) If the garnishee fails or refuses to file an answer at least once every 45 days, the garnishee shall automatically become in default. The default may be opened as a matter of right by the filing of the required answer within 15 days after the day of default upon payment of costs. If the case is still in default after the expiration of such period of 15 days, judgment by default may be entered at any time thereafter against garnishee for the amount claimed to be due on the judgment obtained against the defendant.
(b) The garnishee may obtain relief from default judgment entered as provided in subsection (a) of this Code section upon the same conditions as provided in Code Section 18-4-91.
(a) In a continuing garnishment proceeding, upon the filing of a traverse by defendant pursuant to Code Section 18-4-93, no further summons of garnishment may issue nor may any money delivered to the court as subject to garnishment be disbursed until the hearing is held upon defendant's traverse. The filing of a traverse by the defendant does not relieve the garnishee of the duties of filing an answer, of withholding property, money, or other effects subject to continuing garnishment or of delivering to the court any property, money, or other effects subject to continuing garnishment.
(b) Nothing in this Code section shall affect the right of the defendant to file bond under this chapter.
Notwithstanding the requirements of Code Section 18-4-113, if the employment relationship between the garnishee and the defendant does not exist at the time of the service of summons of continuing garnishment or terminates during the continuing garnishment, in any answer required by this article the garnishee may state that the employment relationship between the garnishee and defendant does not exist or has been terminated, giving the date of termination if terminated on or after service of this summons of continuing garnishment. If no traverse is filed within 15 days after the answer is served as provided in Code Section 18-4-83, the garnishee is automatically discharged from further liability and obligation under Code Section 18-4-113 for that summons with respect to the period of continuing garnishment remaining after the employment relationship is terminated.
For purposes of this article, the following forms are declared to be sufficient, along with those provided in Code Section 18-4-66, for continuing garnishment, provided that nothing in this Code section shall be construed to require the use of particular forms in any proceeding under this article:
(1) Affidavit of continuing garnishment.
IN THE COURT OF COUNTY
STATE OF GEORGIA
)
Plaintiff )
)
v. ) Civil action
) File no.
)
Defendant )
)
)
Garnishee )
)
)
Address )
AFFIDAVIT OF CONTINUING GARNISHMENT
Personally appeared the undersigned affiant who on oath says that he is
the above plaintiff, his agent, or his attorney at law and that the above
defendant is indebted to said plaintiff on a judgment described as follows:
is the case number in the Court of County which
rendered the judgment against the defendant, $ being the balance
thereon.
Affiant further states that affiant believes that garnishee is or may be
an employer of the defendant and subject to continuing garnishment.
Affiant
Sworn to and subscribed
before me this
day of , .
Plaintiff's attorney
(2) Summons of continuing garnishment.
IN THE COURT OF COUNTY
STATE OF GEORGIA
)
Plaintiff )
)
v. ) Civil action
) File no.
)
Defendant )
Social security )
number )
)
Garnishee )
)
)
Address )
SUMMONS OF CONTINUING GARNISHMENT
To: Garnishee
Amount claimed due by plaintiff $
(To be completed by plaintiff)
Plus court costs due on this summons $
(To be completed by 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 to and including the one hundred
seventy-ninth day thereafter. 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. This answer shall state what property, money, and wages,
except what is exempt, belonging to the defendant, or debts owed to the
defendant, you hold or owe at the time of service of this summons and
between the time of such service and the time of making your first answer.
Thereafter, you are required to file further answers no later than 45 days
after your last answer. Every further answer shall state what property,
money, and wages, except what is exempt, belonging to the defendant or
debts owed to the defendant, you hold or owe at and from the time of the
last answer to the time of the current answer. The last answer required by
this summons shall be filed no later than the one hundred ninety-fifth day
after you receive this summons. Money or other property admitted in an
answer to be subject to continuing garnishment must be delivered to the
court with your answers. Should you fail to file answers as required by
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) Answer of continuing garnishment.
IN THE COURT OF COUNTY
STATE OF GEORGIA
)
Plaintiff )
)
v. ) Civil action
) File no.
)
Defendant )
)
)
Garnishee )
)
Address )
ANSWER OF CONTINUING GARNISHMENT
1.
From the time of service of this summons of continuing garnishment, if
this is the first answer to such summons, otherwise from the time of the
last answer to this summons of continuing garnishment, until the time of
this answer, garnishee had in his possession the following described
property of the defendant:
2.
From the time of service of this summons of continuing garnishment, if
this is the first answer to such summons, otherwise from the time of the
last answer to this summons of continuing garnishment, until the time of
this answer, all debts accruing from garnishee to the defendant are 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 continuing garnishment
4.
( ) If checked, defendant is not presently employed by this garnishee
and, if employed by garnishee on or after service of this summons of
continuing garnishment, was most recently terminated as of the day of
, .
5.
( ) If checked, this is the last answer this garnishee is required to
file to the presently pending summons of continuing garnishment in the
above-styled case.
6.
Garnishee further states: .
Garnishee or his
attorney at law
(CERTIFICATE OF SERVICE)
GA Georgia Official State Statutes
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