§ 18-4-18. Priority of Conflicting Claims to Money or Property
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 motion to the court where […]
§ 18-4-19. Order of Trial; Introduction of Evidence; Expenses
After the garnishee’s answer is filed, the defendant’s claim shall be tried first, the plaintiff’s traverse shall be tried second, and third-party claims shall be tried last; provided, however, that the court shall retain the money or other property subject to garnishment until the completion of the trial of all claims and traverses which are […]
§ 18-4-20. Failure to File Claim or Traverse in Timely Manner
When no claim has been filed and no traverse has been filed within 20 days after the garnishee’s answer is filed: 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 application, and the garnishee shall […]
§ 18-4-21. Failure of Garnishee to File Answer; Default
Except as provided in Code Section 18-4-22, when a garnishee fails or refuses to file a garnishee answer by the forty-fifth day after 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 garnishee answer within 15 […]
§ 18-4-22. Financial Institution as Garnishee; Failure to Answer
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 garnishee answer within […]
§ 18-4-23. Grounds for Relief From Liability
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 of garnishment and a good faith effort to locate the […]
§ 18-4-24. Modification of Default Judgments; Burden of Proof
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 by using the constable of the magistrate court in the manner […]
§ 18-4-25. Release of Summons of Garnishment; Release of Garnishment
A release of a summons of garnishment: 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 property in the garnishee’s possession belonging to the […]
§ 18-4-26. Local Government Organization and Employees Subject to Garnishment; Procedure
Money due officials or employees of a municipal corporation or county of this state or of the state government, or any department or institution thereof, as salary for services performed for or on behalf of the municipal corporation or county of this state or the state, or any department or institution thereof, shall be subject […]
§ 18-4-17. Third-Party Claimants
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 other property in the hands […]