§ 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 […]
§ 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 […]
§ 18-4-10. 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 […]