Title 18

(a) All garnishee answers shall, concurrently with filing, be served by the garnishee upon the plaintiff or the plaintiff’s attorney and the defendant or the defendant’s attorney. (b)(1) Service of the garnishee’s answer upon the plaintiff shall be shown by the: (A) Written acknow…

(a) The garnishee shall be entitled to the garnishee’s actual reasonable expenses, including attorney’s fees, in preparing and filing a garnishee’s answer. The amount of expenses incurred shall be taxed in the bill of costs and shall be paid by the party upon whom the cost is cast…

(a) A garnishment proceeding is an action between the plaintiff and garnishee; provided, however, that at any time before a judgment is entered, an order to disburse funds is issued, or money or other property subject to garnishment is distributed by the court, whichever occurs fi…

(a) Within 20 days after the plaintiff has been served with the garnishee’s answer, the plaintiff may file a traverse stating that the garnishee’s answer is untrue or legally insufficient. Such statement places in issue all questions of law and fact concerning the garnishee’s answ…

At any time before judgment is entered on the garnishee’s answer or money or other property subject to garnishment is distributed, any person may file a third-party claim in writing under oath stating that he or she has a claim superior to that of the plaintiff to the money or oth…

When money or other property in court is subject to a third-party claim or to more than one garnishment case, the party with the oldest entered judgment shall have priority to such money or other property and any interested party to any one of the garnishment cases may make a mot…

(a) After the garnishee’s answer is filed, the defendant’s claim shall be tried first, the plaintiff’s traverse shall be tried second, and thirdparty claims shall be tried last; provided, however, that the court shall retain the money or other property subject to garnishment until …

(a) The procedure in garnishment cases shall be uniform in all courts throughout this state that have jurisdiction to preside over garnishment proceedings. (b) In all cases when a money judgment was obtained in a court of this state or a federal court or is being enforced in this…

(a) When no claim has been filed and no traverse has been filed within 20 days after the garnishee’s answer is filed: (1) If money is paid or delivered to the court by the garnishee, the clerk of the court shall pay the money to the plaintiff or the plaintiff’s attorney upon applica…

When a garnishee is a financial institution and fails or refuses to file a garnishee answer by the fifteenth day after the date of service of the summons of garnishment, such garnishee shall automatically be in default. The default may be opened as a matter of right by the filing of …

(a) A garnishee may be relieved from liability for failure to file a garnishee answer if the plaintiff failed to provide the information required by paragraph (2) of subsection (b) of Code Section 18-4-7 that would reasonably enable the garnishee to respond properly to the summons…

(a) When a default judgment is rendered against a garnishee under Code Section 18-4-21, 18-4-22, or 18-4-43, the plaintiff shall serve the garnishee, as provided in Code Section 9-11-4, or, when the garnishment is filed in a magistrate court, the plaintiff may serve the garnishee …

(a) A release of a summons of garnishment: (1) Shall relieve the garnishee from any obligation to file a garnishee answer to any summons of garnishment pending on the date of the release and shall authorize the garnishee to pay or deliver to the defendant any money or other proper…

(a) Money due officials or employees of a municipal corporation or county of this state or of the state government, or any department or institution thereof, as salary for services performed for or on behalf of the municipal corporation or county of this state or the state, or an…

(a) The plaintiff, the plaintiff’s attorney, or the plaintiff’s agent shall make, on personal knowledge or belief, an affidavit setting forth that the plaintiff has a judgment against a named defendant, the amount remaining due on the judgment, the name of the court which rendere…

(a) All obligations owed by the garnishee to the defendant at the time of service of the summons of garnishment upon the garnishee and all obligations accruing from the garnishee to the defendant throughout the garnishment period shall be subject to the process of garnishment. No…

(a)(1) For purposes of this subsection, a “private student loan” shall be defined as an educational or student loan for postsecondary educational expenses but not a loan guaranteed under 20 U.S.C. Section 1070, et seq. (2) Subject to the limitations set forth in Code Sections 18-4…

(a)(1) Certain earnings or property of the defendant may be exempt from the process of garnishment. (2) Funds or benefits from an individual retirement account or from a pension or retirement program shall be exempt from the process of garnishment until paid or otherwise distribut…

(a) The amount shown on the summons of garnishment shall not exceed the amount the defendant owes the plaintiff pursuant to a judgment. (b)(1) A summons of garnishment, or an attachment thereto, shall state on its face with particularity all of the following information, to the e…

(a) The plaintiff shall serve the garnishee, as provided in Code Section 9-11-4, or, when the garnishment is filed in a magistrate court, the plaintiff may serve the garnishee by using the constable of the magistrate court in the manner set forth in Code Section 9-11-4, with a cop…

(a) Summonses of garnishment may issue from time to time until the judgment is paid or the garnishment proceeding is otherwise terminated. (b) Except in a continuing garnishment or continuing garnishment for support, no new summons of garnishment on the same affidavit of garnishm…

Fund Mgt., Inc., 172 Ga. App. 773, 324 S.E.2d 595, 1984 Ga. App. LEXIS 2662 (1984) (decided under former O.C.G.A. § 18-4-113). Nonemployer garnishee not discharged from general garnishment liability. — Purpose of former O.C.G.A. § 18-4-117 was to ensure that only employers will b…

(a) In addition to garnishment proceedings otherwise available under this chapter, in all cases when a money judgment was obtained in a court of this state or a federal court or is being enforced in this state as provided in Article 5 of Chapter 12 of Title 9, the “Uniform Foreig…

(a) In addition to the information required by subsection (a) of Code Section 18-4-3, an affidavit of continuing garnishment shall state that the plaintiff believes that the garnishee is or may be an employer of or under periodic obligations for payment to the defendant and subje…

(a) As used in this Code section, the term “previous garnishee answer date” means the date upon which the immediately preceding garnishee answer was filed. (b) If the garnishee owes the defendant any sum for wages earned as the garnishee’s employee or any sum for goods or services…

(a) When a garnishee fails or refuses to file a garnishee answer at least once every 45 days, such garnishee shall automatically be in default. The default may be opened as provided in Code Section 18-4-21. If the case is still in default after the expiration of the period of 15 d…

As used in this article, the term: (1) “Earnings” shall have the same meaning as set forth in Code Section 18-4-1 and shall include disability or retirement benefits that are received from the Social Security Administration pursuant to Title II of the federal Social Security Act, …

(a) In addition to garnishment proceedings otherwise available under this chapter, in all cases when a judgment was obtained or is being enforced, a plaintiff shall be entitled to the process of continuing garnishment for support against any garnishee who is an employer of the de…

(a) In addition to the information required by subsection (a) of Code Sections 18-4-3 and 18-4-41, the plaintiff shall attach a certified copy of the judgment to be enforced to the affidavit of continuing garnishment for support and shall state the following in such affidavit: (1)…

(a) A summons of continuing garnishment for support shall contain a notice to the garnishee that such garnishment is based on a judgment governed by this article. The form for a summons of continuing garnishment for support is set forth in Code Section 18-4-80, and the optional a…

(a) The money paid into court with the initial garnishee answer, after deduction for costs, shall be first applied to the support payment required to be paid on a periodic basis that has accrued on a daily basis, by converting the periodic amount to an annual amount and dividing b…

The continuing garnishment for support described in this article shall attach for so long as the defendant is employed by or owed periodic payments from the garnishee or a final garnishee answer is served on the plaintiff and not traversed within 20 days and shall not terminate un…

(a) For the purpose of this chapter, the forms contained in this article shall be required to be used; provided, however, that a party may use its own format so long as it contains all of the information in the form. A defendant may use the form provided in Code Section 18-4-82 t…

“IN THE COURT OF COUNTY STATE OF GEORGIA ) Plaintiff: ) ) ) Name ) ) Plaintiff’s contact information: ) ) ) Name ) ) Civil Action File No. Street Address ) ) City State ZIP Code ) ) E-mail Address ) ) Phone Number ) ) Bar Number ) ) v. ) ) Defendant: ) ) ) Name ) ) Street Address…

“IN THE COURT OF COUNTY STATE OF GEORGIA ) ) Plaintiff: ) ) Name ) ) Plaintiff’s contact information: ) ) ) Name ) ) Civil Action File No. Street Address ) ) City State ZIP Code ) ) Email Address ) ) Phone Number ) ) Bar Number ) ) v. ) ) ) Defendant: ) ) Name ) Street Address Ci…

“IN THE COURT OF COUNTY STATE OF GEORGIA ) Plaintiff: ) ) ) Name ) ) Plaintiff’s contact information: ) ) ) Name ) ) Civil Action File No. Street Address ) ) City State ZIP Code ) ) Email Address ) ) Phone Number ) Bar Number v. Defendant: Name Street Address City State ZIP Code …

“IN THE COURT OF STATE OF GEORGIA ) ) Plaintiff: ) ) Name ) ) Plaintiff’s contact information: ) ) 237 COUNTY Name Street Address City State ZIP Code Email Address Phone Number Bar Number v. Defendant: Name Street Address City State ZIP Code Garnishee: Name Street Address City DE…

“IN THE Plaintiff v. Defendant Garnishee COURT OF COUNTY STATE OF GEORGIA ) ) ) ) ) Civil Action File No. ) ) ) ) ) ) ATTACHMENT FOR SUMMONS OF GARNISHMENT Other known names of the Defendant: Current and past addresses of the Defendant: Social security number or federal tax ident…

“IN THE COURT OF COUNTY STATE OF GEORGIA ) ) Plaintiff: ) ) Name ) ) Plaintiff’s contact information: ) ) ) Name ) ) Civil Action File No. Street Address ) ) City State ZIP Code ) ) Email Address ) ) Phone Number ) ) Bar Number ) ) v. ) ) Defendant: ) Garnishment Court informatio…

“IN THE Plaintiff COURT OF STATE OF GEORGIA ) ) ) 243 COUNTY ) ) ) ) ) ) ) ) v. Defendant Garnishee Civil Action File No. ATTACHMENT FOR SUMMONS OF GARNISHMENT ON A FINANCIAL INSTITUTION Other known names of the Defendant: Current and past addresses of the Defendant: Social secur…

“IN THE COURT OF COUNTY STATE OF GEORGIA ) ) Plaintiff: ) ) Name ) ) Plaintiff’s contact information: ) ) ) Name ) ) Civil Action File No. Street Address ) ) City State ZIP Code ) ) Email Address ) ) Phone Number ) ) Bar Number ) ) v. ) ) ) Garnishment Court Defendant: informatio…

“IN THE Plaintiff v. Defendant Garnishee COURT OF COUNTY STATE OF GEORGIA ) ) ) ) ) Civil Action File No. ) ) ) ) ) ) ATTACHMENT FOR SUMMONS OF CONTINUING GARNISHMENT Other known names of the Defendant: Current and past addresses of the Defendant: Social security number or federa…

“IN THE COURT OF COUNTY STATE OF GEORGIA ) ) Plaintiff: ) ) Name ) ) Plaintiff’s contact information: ) ) ) Name ) ) Civil Action File No. Street Address ) ) City State ZIP Code ) ) Email Address ) ) Phone Number ) ) Bar Number ) ) v. ) ) ) Garnishment Court Defendant: informatio…

“IN THE Plaintiff COURT OF STATE OF GEORGIA ) ) ) 250 COUNTY ) ) ) ) ) ) ) ) v. Defendant Garnishee Civil Action File No. ATTACHMENT FOR SUMMONS OF CONTINUING GARNISHMENT FOR SUPPORT Other known names of the Defendant: Current and past addresses of the Defendant: Social security …

“IN THE COURT OF STATE OF GEORGIA ) ) Plaintiff: ) ) Name ) ) Plaintiff’s contact information: ) ) ) Name ) 251 COUNTY Street Address City State ZIP Code Email Address Phone Number Bar Number v. Defendant: Name Street Address City State ZIP Code Garnishee: Name Street Address Cit…

“IN THE Plaintiff v. Defendant Garnishee COURT OF COUNTY STATE OF GEORGIA ) ) ) ) ) Civil Action File No. ) ) ) ) ) ) ORDER FOR HEARING ON DEFENDANT’S CLAIM It is hereby ordered that a hearing be held upon the Defendant’s claim before this court on the day of , 20 , at : . M., an…