Title 18 — Debtor and Creditor

Grounds, §18-3-1. Issuance of writ of attachment, §§18-3-3 to 18-3-16. Administrators or executors. Against removal of decedent’s property, §18-3-5. Entry of final judgment against same, §18-3-5. After commencement of action, §18-3-4. Effect of judgment on actions still pending, §…

(a) When property is levied on by virtue of an attachment and the same is claimed by any person not a party to the attachment, it shall be the duty of the person claiming the same, his agent, or his attorney at law to make an oath before some person authorized by law to administe…

The third-party claim shall be tried in the same manner and subject to the same rules and regulations as are prescribed by law for the trial of other claims in the court to which it is returned. History. Ga. L. 1855-56, p. 25, § 35; Code 1863, § 3236; Code 1868, § 3247; Code 1873…

Return of affidavit and bond by levying officer, §18-3-51. Trial of claim, §18-3-52. Procedure generally, §18-3-50. Use of property where plaintiff’s debt unsatisfied. Liability of claimant and surety on bond, §18-3-54. Torts. Money demands arising in tort. Right to seek attachmen…

Liability of claimant and surety on bond, §18-3-54. Delivery of property to claimant upon payment of bond, §18-3-51. Proceedings upon failure of claimant to deliver property, §18-3-53. Interposition of claim before or after judgment, §18-3-55. Procedure generally, §18-3-50. Inter…

Declaration in attachment. Provisions governing pleadings subsequent to filing of declaration, §18-3-18. Postseizure hearing. Right of defendant, §18-3-15. Publication as notice. Defendant out of state or concealing place of residence, §18-3-14. Removal of domicile. Grounds for at…

Attachments may issue against nonresident corporations transacting business within the state under the same rules and regulations as are prescribed in relation to issuing attachments and garnishments in other cases. History. Ga. L. 1855-56, p. 25, § 33; Code 1863, § 3202; Code 18…

When the defendant has given bond and security, or when he has appeared and made defense by himself or attorney at law without raising a valid defense of lack of jurisdiction over the person, the judgment rendered against him in such case shall bind all his property and shall hav…

A judgment in attachment may be set aside in a court of law upon an issue suggesting fraud or want of consideration, tendered by a judgment creditor of the defendant in attachment. History. Code 1933, § 8-902, enacted by Ga. L. 1982, p. 1578, § 1; Code 1981, § 18-3-71, enacted by…

After the judgment has been obtained in any case of attachment, execution shall issue as in cases at common law, which execution shall be levied in the same manner as executions issuing at common law; and the proceedings in all respects shall be the same, except that when the jud…

All money raised by the sale of defendant’s property or otherwise, by virtue of this chapter, shall be paid over to the creditors of the 140 18-3-75 defendant, according to the priority of the lien of their judgments, except that as between attaching creditors the attachment first…

The lien of an attachment is created by the levy and not the judgment in the attachment; and in case of a conflict between attachments, the first levied shall be first satisfied; but in a contest between attachments and ordinary judgments or suits, it is the judgment and not the levy…

Proceeds of sale. Application, §18-3-73. Sunday observance, §18-3-16. When lien arises, §18-3-74. Levy on judgment, §18-3-72. Levy on property, §§18-3-30 to 18-3-32. Duty of officer to whom attachment directed. Generally, §18-3-30. Levy in order received, §18-3-31. Property remov…

Judgment in attachment. Property bound by judgment, §18-3-70. Setting aside, §18-3-71. Writ against removal of decedent’s property. Final judgment, §18-3-5. Levy and attachment sufficient notice. Defendant out of state or concealing place of residence, §18-3-14. Levy of attachmen…

Nonresident corporations, §18-3-7. Debt not due before final judgment. Stay of execution on judgment, §18-3-3. Denial of issuance of writ.

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…

(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…

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.

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…

(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 …

(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…

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-…

(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 …

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…

(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…

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 …

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…

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…

(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…

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…

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…

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)…

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…

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…

Defined, §18-4-50. Provision for collection for support, §19-6-30. Service of summons, §18-4-52.

(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…

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…

(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 ) 232 Street Addres…

“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…