§ 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 […]
§ 18-4-40. Right to Continuing Garnishment Process; Applicable Provisions
In addition to garnishment proceedings otherwise available under this chapter, in all cases when a money judgment was obtained in a court of this state or a federal court or is being enforced in this state as provided in Article 5 of Chapter 12 of Title 9, the “Uniform Foreign-Country Money Judgments Recognition Act,” or […]
§ 18-4-41. Affidavit of Continuing Garnishment; Summons; Notice of Exemptions; Form
In addition to the information required by subsection (a) of Code Section 18-4-3, an affidavit of continuing garnishment shall state that the plaintiff believes that the garnishee is or may be an employer of or under periodic obligations for payment to the defendant and subject to continuing garnishment. Only one summons of continuing garnishment shall […]
§ 18-4-42. Filing and Contents of Summons of Continuing Garnishment; Filing of Subsequent Answers
As used in this Code section, the term “previous garnishee answer date” means the date upon which the immediately preceding garnishee answer was filed. If the garnishee owes the defendant any sum for wages earned as the garnishee’s employee or any sum for goods or services periodically provided to the garnishee, the garnishee answer shall […]
§ 18-4-43. Default Judgment Against Garnishee in Continuing Garnishment; Relief From Default
When a garnishee fails or refuses to file a garnishee answer at least once every 45 days, such garnishee shall automatically be in default. The default may be opened as provided in Code Section 18-4-21. If the case is still in default after the expiration of the period of 15 days, judgment by default may […]
§ 18-4-50. Definitions
As used in this article, the term: “Earnings” shall have the same meaning as set forth in Code Section 18-4-1 and shall include disability or retirement benefits that are received from the Social Security Administration pursuant to Title II of the federal Social Security Act, disability benefits that are received pursuant to the federal Veterans’ […]