Title 18

(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…

“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…

“IN THE Plaintiff v. Defendant COURT OF COUNTY STATE OF GEORGIA ) ) ) ) ) Civil Action File No. ) ) ) ) ) ) Garnishee FINANCIAL INSTITUTION GARNISHEE ANSWER OF (GARNISHEE) 1. At the time of service of the Summons of Garnishment on a Financial Institution and including the next fiv…

“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…

“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…

“IN THE Plaintiff v. Defendant Garnishee COURT OF COUNTY STATE OF GEORGIA ) ) ) ) ) Civil Action File No. ) ) ) ) ) ) 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 other property …

“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…

“IN THE Plaintiff v. Defendant Garnishee COURT OF COUNTY STATE OF GEORGIA ) ) ) ) ) Civil Action File No. ) ) ) ) ) ) MODIFICATION OF CONTINUING GARNISHMENT To: Garnishee This is to notify you that the undersigned Plaintiff and Defendant have agreed to a modification of the above-…

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 …

First Union Brokerage Servs., 263 Ga. App. 733, 589 S.E.2d 300 (2003). Buyer had no separate right to counterclaims which the buyer had asserted in a prior suit since the buyer had filed bankruptcy since the time the counterclaims were asserted; the counterclaims thus belonged to…

As used in this chapter, the term: (1) “Debt adjusting” means doing business in debt adjustments, budget counseling, debt management, or debt pooling service or holding oneself out, by words of similar import, as providing services to debtors in the management of their debts and …

In the course of engaging in debt adjusting, it shall be unlawful for any person to accept from a debtor who resides in this state, either directly or indirectly, any charge, fee, contribution, or combination thereof in an amount in excess of 7.5 percent of the amount paid monthl…

Nothing in this chapter shall apply to those situations involving debt adjusting incurred in the practice of law in this state. Nothing in this chapter shall apply to those persons or entities who incidentally engage in debt adjustment to adjust the indebtedness owed to said pers…

(a) Any person engaged in debt adjusting for debtors residing in this state shall meet the following annual requirements: (1) Obtain from an independent third party certified public accountant an annual audit of all accounts of such person in which the funds of debtors are deposit…

(a) Any person engaged in debt adjusting shall disburse to the appropriate creditors all funds received from a debtor, less any fees authorized by this chapter, within 30 days of receipt of such funds. (b) Any person engaged in debt adjusting shall maintain a separate trust accou…

(a) Any person who engages in debt adjusting in violation of this chapter shall be guilty of a misdemeanor. (b) Without limiting the applicability of subsection (a) of this Code section: (1) Any person who engages in debt adjusting in violation of the provisions of Code Section 1…

The Attorney General shall have the authority to promulgate rules and regulations and establish procedures necessary to carry into effect, implement, and enforce the provisions of this chapter. The authority granted to the Attorney General pursuant to this Code section shall be e…