- 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 for the purpose of processing payrolls or accounts payable and shall not constitute the practice of law. If a claim or traverse is filed to such entity’s garnishee answer in a court of record, an attorney shall be required to represent such entity in further garnishment proceedings.
- An entity’s payment into court of any money or other property of the defendant, or money or other property which is admitted to be subject to garnishment, may be done by an entity’s authorized officer, employee, or any individual or entity engaged by such garnishee for the purpose of processing payrolls or accounts payable and shall not constitute the practice of law.
History. Code 1981, § 18-4-12 , enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2020, p. 691, § 10/SB 443.
The 2020 amendment, effective January 1, 2021, substituted “employee, or any individual or entity engaged by such garnishee for the purpose of processing payrolls or accounts payable” in subsections (a) and (b).
Law reviews.
For article discussing an advisory opinion issued by the Standing Committee on the Unlicensed Practice of Law on the issue of execution and filing of an answer in the garnishment action by a nonattorney employee of the garnishee, see 16 (No. 1) Ga. St. B.J. 102 (2010).