§ 18-3-20. Substantial Compliance in Matters of Form Sufficient
A substantial compliance in all matters of form shall be held sufficient in all applications for attachment and in all attachments issued as provided by this chapter. History. Ga. L. 1855-56, p. 25, § 43; Code 1863, § 3204; Code 1868, § 3215; Code 1873, § 3282; Code 1882, § 3282; Civil Code 1895, § […]
§ 18-3-14. Service of Writ of Attachment on Defendant; Notification of Defendant of Issuance of Attachment
The defendant shall be given notice of the attachment issued against his property by any one or more of the following methods: The plaintiff, at the time the attachment is filed with the clerk, shall commence procedures to effectuate the service of a copy of the writ of attachment on the defendant; and service thereafter […]
§ 18-3-15. Right of Defendant to Postseizure Hearing
When a writ of attachment is issued against the property of the defendant, the defendant may at any time traverse the plaintiff’s affidavit upon which the attachment was obtained, stating that the affidavit is untrue or legally insufficient. Upon filing of the traverse, the court shall issue a show cause order to the plaintiff requiring […]
§ 18-3-16. Issuance and Levy of Attachment on Sunday
Attachments may issue and be levied on Sunday when the plaintiff, his agent, or his attorney at law shall state, in his sworn application for a writ of attachment, that he has reason to believe the debt will not be satisfied unless process of attachment shall issue on Sunday and shall also comply with the […]
§ 18-3-17. Courts to Which Attachments Returnable; Applicability of Rules of Civil Practice and Procedure; Filing of Declaration in Attachment; Notice of Declaration
Attachments shall be returnable to the court of record in which filed pursuant to subsection (a) of Code Section 18-3-9 and shall be governed by the rules of procedure and practice governing ordinary civil actions, as respects appearance day, trial term, and judgment pursuant to default, and by any and all other rules relating to […]
§ 18-3-18. Applicability of Chapter 10 of Title 9 Subsequent to Filing of Declaration in Attachment
All pleadings, defenses, and procedures subsequent to the filing of the declaration in attachment shall be governed by Chapter 10 of Title 9. History. Laws 1838, Cobb’s 1851 Digest, p. 86; Ga. L. 1855-56, p. 25, § 20; Code 1863, § 3221; Code 1868, § 3232; Code 1873, § 3308; Code 1882, § 3308; Civil […]
§ 18-3-19. Forms for Attachment
In all cases of attachment, the form of the affidavit, bond, attachment, and order authorizing the issuance thereof may be as follows: Affidavit for attachment. AFFIDAVIT STATE OF GEORGIA COUNTY OF Personally appeared who on oath says that he is attorney at law for and that is indebted to said plaintiff in the sum of […]
§ 18-3-5. Attachment Against Administrator or Executor; Entry of Final Judgment
Process of attachment may issue against an administrator of an estate or the executor of the last will and testament of any deceased person, as in other cases, when the administrator or executor actually removes or is about to remove the property of the deceased person outside the limits of any county, provided that final […]
§ 18-3-6. Attachment Against Joint Contractors or Partners
In cases of joint contractors and partners, where any one of them shall render himself liable to attachment according to law, an attachment may issue against him, upon the plaintiff, his agent, or his attorney at law complying with this article. The proceeding against such joint contractor or partner shall be in all respects as […]
§ 18-3-7. Attachment Against Nonresident Corporations
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 1868, § 3213; Code 1873, § 3281; Code 1882, § 3281; Civil […]