§ 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 […]
§ 18-3-72. Execution and Levy on Judgment
After the judgment has been obtained in any case of attachment, execution shall issue as in cases at common law, which execution shall be levied in the same manner as executions issuing at common law; and the proceedings in all respects shall be the same, except that when the judgment only binds the property levied […]
§ 18-4-13. Service of Garnishee’s Answer
All garnishee answers shall, concurrently with filing, be served by the garnishee upon the plaintiff or the plaintiff’s attorney and the defendant or the defendant’s attorney. Service of the garnishee’s answer upon the plaintiff shall be shown by the: Written acknowledgment of the plaintiff or the plaintiff’s attorney; or Certificate of the garnishee or the […]
§ 18-3-73. Application of Proceeds of Sale
All money raised by the sale of defendant’s property or otherwise, by virtue of this chapter, shall be paid over to the creditors of the defendant, according to the priority of the lien of their judgments, except that as between attaching creditors the attachment first levied shall be first satisfied to the entire exclusion of […]
§ 18-4-14. Recovery of Reasonable Expenses; Recovery of Actual Expenses; Refunds
The garnishee shall be entitled to the garnishee’s actual reasonable expenses, including attorney’s fees, in preparing and filing a garnishee’s answer. The amount of expenses incurred shall be taxed in the bill of costs and shall be paid by the party upon whom the cost is cast, as costs are cast in other cases. The […]