§ 18-4-7. Required Information on Summons of Garnishment or Attachment Thereto; Form Usage; Failure to Use Correct Form
The amount shown on the summons of garnishment shall not exceed the amount the defendant owes the plaintiff pursuant to a judgment. A summons of garnishment, or an attachment thereto, shall state on its face with particularity all of the following information, to the extent reasonably available to the plaintiff: The name of the defendant […]
§ 18-4-8. Required Documents and Service Thereof
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 copy of the affidavit of garnishment, summons of […]
§ 18-4-9. Periodic Summonses; Original Filing Date Limiting Extension
Summonses of garnishment may issue from time to time until the judgment is paid or the garnishment proceeding is otherwise terminated. Except in a continuing garnishment or continuing garnishment for support, no new summons of garnishment on the same affidavit of garnishment shall be issued after two years from the date of the original filing […]
§ 18-4-10. Responses by Garnishee; Judgment by Default
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 amount remaining due on a judgment as shown in the plaintiff’s affidavit of garnishment. The summons of garnishment shall be […]
§ 18-4-11. Garnishee Answer; Property Located in Area With Restricted Access; Physical Filings Allowed
Within the time prescribed by Code Section 18-4-10, the garnishee shall file a garnishee answer. Concurrently with the garnishee’s answer, the garnishee shall send or deliver to the court the money or other property admitted in the garnishee’s answer to be subject to garnishment except, when the conditions of subsection (d) of Code Section 18-4-5 […]
§ 18-4-12. Entity as Garnishee
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 […]