§ 18-4-82. Notice to Defendant of Right Against Garnishment of Money, Including Wages, and Other Property
“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: […]
§ 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 […]
§ 18-4-53. Summons of Continuing Garnishment for Support; Maximum Disposable Income Subject to Garnishment; Retirement Funds Not Exempted
A summons of continuing garnishment for support shall contain a notice to the garnishee that such garnishment is based on a judgment governed by this article. The form for a summons of continuing garnishment for support is set forth in Code Section 18-4-80, and the optional attachment thereto is set forth in Code Section 18-4-81. […]
§ 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 […]
§ 18-4-54. Application of Money Paid Into Court; Additional Garnishee Answers; Termination
The money paid into court with the initial garnishee answer, after deduction for costs, shall be first applied to the support payment required to be paid on a periodic basis that has accrued on a daily basis, by converting the periodic amount to an annual amount and dividing by 365, from the date of the […]
§ 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 […]
§ 18-4-55. Termination of Continuing Garnishment for Support; Garnishee’s Reliance Upon Information in Affidavit
The continuing garnishment for support described in this article shall attach for so long as the defendant is employed by or owed periodic payments from the garnishee or a final garnishee answer is served on the plaintiff and not traversed within 20 days and shall not terminate until the original arrearage is retired and all […]
§ 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 […]