Title 18 — Debtor and Creditor
0 chapters · 122 sections in this title.
O.C.G.A. § 18-4-1 Definitions
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As used in this chapter, the term: (1) “Disposable earnings” means that part of the earnings of an individual remaining after the deduction for federal income tax, state income tax, withholdings for the Federal Insurance Contributions Act (FICA), and other mandatory deductions re…
O.C.G.A. § 18-4-10 Responses by garnishee; judgment by default
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(a) The summons of garnishment shall state that if the garnishee fails to file a garnishee’s answer to such summons in a timely manner, a judgment by default shall be entered against the garnishee for the 176 18-4-10 amount remaining due on a judgment as shown in the plaintiff’s a…
O.C.G.A. § 18-4-11 Service of process
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Answer of garnishee, §18-4-13. 1392 INDEX GARNISHMENT —Cont’d Service of process —Cont’d Certificate of service, §18-4-8. Continuing garnishment for support. Summons, service, §18-4-52. Continuing garnishment of employers, §18-4-41. Delivery of personal service.
O.C.G.A. § 18-4-113 Melnick v
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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). 18-4-43 Nonemployer garnishee not discharged from general garnishment liability. — Purpose of former O.C.G.A. § 18-4-117 was to ensure that only employer…
O.C.G.A. § 18-4-12 Entity as garnishee
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(a) When a garnishment proceeding is filed in a court under any provision of this chapter involving an entity as garnishee, the execution and filing of a garnishee answer may be done by an entity’s authorized officer, employee, or any individual or entity engaged by such garnishee …
O.C.G.A. § 18-4-13 Service of garnishee’s answer
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(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…
O.C.G.A. § 18-4-15 Genetic testing for paternity
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Refusal to submit to court-ordered test, §19-7-45. Paternity determination, §19-7-48. DISTRICT ATTORNEYS. Adoption. Unlawful inducement. Review of inducement violations, §§19-8-18, 19-8-24. Child custody. Uniform child custody jurisdiction and enforcement act. Lawful action, §19-…
O.C.G.A. § 18-4-16 Plaintiff filing traverse
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(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…
O.C.G.A. § 18-4-17 Third-party claimants
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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…
O.C.G.A. § 18-4-18 Priority of conflicting claims to money or property
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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…
O.C.G.A. § 18-4-19 Order of trial; introduction of evidence; expenses
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(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 …
O.C.G.A. § 18-4-2 Association account
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Relief from liability for failure to file answer, §18-4-23. Attorneys’ fees. Answer of garnishee. Recovery by garnishee of actual and reasonable expenses, §18-4-14. Child support, §19-11-19. Continuing garnishment for support, §§18-4-50 to 18-4-55, 19-6-30. Civil practice act. App…
O.C.G.A. § 18-4-20 Failure to file claim or traverse in timely manner
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(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…
O.C.G.A. § 18-4-21 Definitions
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Uniform procedures for garnishment; entitlement to procedures; application of the Civil Practice Act; amendment. Affidavit and requirements; summons of garnishment. Process of garnishment; period of garnishment. Maximum part of disposable earnings subject to garnishment; adverse …
O.C.G.A. § 18-4-22 Financial institution as garnishee; failure to answer
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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 …
O.C.G.A. § 18-4-23 Grounds for relief from liability
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(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…
O.C.G.A. § 18-4-24 Modification of default judgments; burden of proof
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(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 …
O.C.G.A. § 18-4-25 Release of summons of garnishment; release of garnishment
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(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…
O.C.G.A. § 18-4-26 Failure to file claim or traverse in timely manner
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Failure of garnishee to file answer; default. Financial institution as garnishee; failure to answer. Grounds for relief from liability. Modification of default judgments; burden of proof. Release of summons of garnishment; release of garnishment. Local government organization and e…
O.C.G.A. § 18-4-3 Affidavit and requirements; summons of garnishment
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(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…
O.C.G.A. § 18-4-4 Process of garnishment; period of garnishment
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(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…
O.C.G.A. § 18-4-41 Attachment for summons
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Form, §18-4-79. Contents of summons, §18-4-42. Form, §18-4-78. Default judgment, §18-4-10. Financial institutions. Answer of garnishee, §18-4-10. Attachment to summons of financial institutions, §§18-4-7, 18-4-77. Content of summons on financial institution, §18-4-7. Continuing gar…
O.C.G.A. § 18-4-42 Form, §18-4-86
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Costs. Recovery by garnishee of actual and reasonable expenses, §18-4-14. Default judgments. Failure to file answer, §18-4-21. Continuing garnishment of employers, §§18-4-42, 18-4-43. Modification of default judgment, §18-4-24. Continuing garnishment of employers, §18-4-43. Definiti…
O.C.G.A. § 18-4-50 Definitions
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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, …
O.C.G.A. § 18-4-51 Continuing garnishment of support
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(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…
O.C.G.A. § 18-4-52 Affidavit of continuing garnishment for support; service
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(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)…
O.C.G.A. § 18-4-53 Termination of employment
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Final answer of garnishee, §18-4-54. Termination of garnishment upon retirement of arrearage and currency of support payments, §18-4-55. GARNISHMENT —Cont’d Continuing garnishment for support —Cont’d Wage assignments, §19-11-20. Continuing garnishment of employers, §§18-4-40 to 1…
O.C.G.A. § 18-4-54 Child support recovery act
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Garnishment and orders to withhold and deliver, §19-11-19. Definitions, §18-4-50. Original arrearages, §18-4-54. Disposable earnings. Maximum level of earnings subject to garnishment, §18-4-53. Duration, §18-4-4. Earnings. Defined, §18-4-50. Entitlement of plaintiff to use procedur…
O.C.G.A. § 18-4-55 Periodic support
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Defined, §18-4-50. Provision for collection for support, §19-6-30. Service of summons, §18-4-52.
O.C.G.A. § 18-4-6 Exemption from garnishment
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(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…
O.C.G.A. § 18-4-7 Periodic summonses, §18-4-9
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Public corporations. Jurisdiction and venue, §18-4-26. Release of summons of garnishment, §18-4-25. Social security number on summons of garnishment, §18-4-7. Support. Continuing garnishment for support. Duration, §18-4-4. Generally, §§18-4-50 to 18-4-55. Third party claims. Prio…
O.C.G.A. § 18-4-70 Required use of forms
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(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…
O.C.G.A. § 18-4-71 Affidavit of garnishment
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“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…
O.C.G.A. § 18-4-72 Affidavit of continuing garnishment
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“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 ) 232 Street Addres…
O.C.G.A. § 18-4-73 Affidavit of continuing garnishment for support
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“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 ) 234 Bar Number v. Defendant: Name Street Address City State ZIP C…
O.C.G.A. § 18-4-74 Summons of garnishment
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“IN THE COURT OF STATE OF GEORGIA ) ) Plaintiff: ) ) Name ) ) Plaintiff’s contact information: ) ) 237 COUNTY 18-4-74 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…
O.C.G.A. § 18-4-75 Attachment for summons of garnishment
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“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…
O.C.G.A. § 18-4-76 Summons of garnishment on financial institution
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“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…
O.C.G.A. § 18-4-78 Summons of continuing garnishment
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“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…
O.C.G.A. § 18-4-79 Attachment for summons of continuing garnishment
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“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: 247 18-4-80 Social security numb…
O.C.G.A. § 18-4-8 Required documents and service thereof
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(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…
O.C.G.A. § 18-4-80 Summons of continuing garnishment for support
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“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…
O.C.G.A. § 18-4-81 Judgments
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Defined, §18-4-50. Original arrearages. Defined, §18-4-54. Termination of garnishment upon retirement of arrearage and currency of support payments, §18-4-55. Periodic support.
O.C.G.A. § 18-4-83 Order for hearing on defendant’s claim
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“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…
O.C.G.A. § 18-4-84 Garnishee answer
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“IN THE Plaintiff v. Defendant Garnishee COURT OF COUNTY STATE OF GEORGIA ) ) ) ) ) Civil Action File No. ) ) ) ) ) ) GARNISHEE ANSWER OF (GARNISHEE) 1. At the time of service or from the time of service to the time of this Garnishee Answer, the Garnishee had in its possession th…
O.C.G.A. § 18-4-85 Financial institution garnishee answer
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“IN THE Plaintiff v. Defendant COURT OF COUNTY STATE OF GEORGIA ) ) ) ) ) Civil Action File No. ) ) ) 257 18-4-85 ) ) ) Garnishee FINANCIAL INSTITUTION GARNISHEE ANSWER OF (GARNISHEE) 1. At the time of service of the Summons of Garnishment on a Financial Institution and including…
O.C.G.A. § 18-4-86 Garnishee answer to continuing garnishment
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“IN THE Plaintiff v. Defendant Garnishee COURT OF COUNTY STATE OF GEORGIA ) ) ) ) ) Civil Action File No. ) ) ) ) ) ) GARNISHEE ANSWER OF (GARNISHEE) TO CONTINUING GARNISHMENT 1. From the time of service of the Summons of Continuing Garnishment, if this is the first Garnishee Answ…
O.C.G.A. § 18-4-87 Plaintiff’s traverse
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“IN THE Plaintiff v. Defendant Garnishee COURT OF COUNTY STATE OF GEORGIA ) ) ) ) ) Civil Action File No. ) ) ) ) ) ) PLAINTIFF’S TRAVERSE Now comes the Plaintiff in the above-styled case and traverses the Garnishee Answer or Motion to Modify Default Judgment by saying the same i…
O.C.G.A. § 18-4-88 Third-party claim
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“IN THE Plaintiff v. Defendant Garnishee COURT OF COUNTY STATE OF GEORGIA ) ) ) ) ) Civil Action File No. ) ) ) ) ) ) 262 18-4-88 THIRD-PARTY CLAIM Personally appeared , who on oath says that he (Print name) or she has a claim superior to that of the Plaintiff to the money or oth…
O.C.G.A. § 18-4-89 Release of garnishment
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“IN THE COURT OF COUNTY STATE OF GEORGIA ) ) ) ) ) Civil Action File No. ) ) ) ) ) ) Plaintiff v. Defendant Garnishee RELEASE OF GARNISHMENT To: Garnishee This is to notify you that you have been released from filing a Garnishee Answer to any and all Summons of Garnishment or Summ…