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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 18. DEBTOR AND CREDITOR |
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Chapter 4. GARNISHMENT PROCEEDINGS |
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Article 1. GENERAL PROVISIONS |
| § 18-4-1. Definitions; practice and procedure generally |
| § 18-4-2. Discovery |
| § 18-4-3. Amendment of affidavits, bonds, garnishee answer, or pleadings |
| § 18-4-4. Judge to perform functions of clerk where court has no clerk |
| § 18-4-5. Challenge to sufficiency of bond; requiring of additional security; discharge of original surety |
| § 18-4-6. Issuance of release of garnishment |
| § 18-4-7. Discharge of employee subject to garnishment |
| § 18-4-8. Definitions; entity as garnishee; execution and filing by certain officers or employees of an entity |
REFS & ANNOS
TITLE 18 Chapter 4 Article 1 NOTE
LAW REVIEWS. --For note, "Postjudgment Garnishment in Georgia: Acting Largely in the Dark," see 12 Ga. L. Rev. 60 (1977). For note discussing postjudgment garnishment as a creditor's remedy, see 12 Ga. L. Rev. 814 (1978).
JUDICIAL DECISIONS
CONSTITUTIONALITY. --Postjudgment garnishment procedure meets requirements of judicial supervision and notice, and is not unconstitutional for those reasons. Easterwood v. LeBlanc, 240 Ga. 61, 239 S.E.2d 383 (1977); Farmer v. Farmer, 147 Ga. App. 387, 249 S.E.2d 106 (1978).
Georgia's garnishment statutes prior to July 1, 1975, were unconstitutional in prejudgment and postjudgment garnishment cases. Madsen v. Memorial Sales of Ga., Inc., 140 Ga. App. 178, 230 S.E.2d 115 (1976).
CITED in Lege v. United States, 236 Ga. 138, 223 S.E.2d 78 (1976).
RESEARCH REFERENCES
ALR. --Attachment or garnishment of goods covered by negotiable warehouse receipt, 40 ALR 969.
Garnishment of carrier in respect of goods shipped, 46 ALR 933.
Attachment or garnishment as interference with foreign or interstate commerce, 85 ALR 1395.
Local property of insolvent foreign corporation for which a liquidator or receiver has been appointed in another state as subject to sequestration or seizure under execution or attachment, 98 ALR 351.
Effect as between garnishor and principal defendant in garnishment of judgment against garnishee, 103 ALR 839.
Effect of judgment in garnishment proceedings as between garnishee and principal defendant, 166 ALR 272.
Recovery of damages for mental anguish, distress, suffering, or the like, in action for wrongful attachment, garnishment, sequestration, or execution, 83 ALR3d 598.
JUDICIAL DECISIONS
CONSTITUTIONALITY. --Postjudgment garnishment procedure meets requirements of judicial supervision and notice, and is not unconstitutional for those reasons. Easterwood v. LeBlanc, 240 Ga. 61, 239 S.E.2d 383 (1977); Farmer v. Farmer, 147 Ga. App. 387, 249 S.E.2d 106 (1978).
Georgia's garnishment statutes prior to July 1, 1975, were unconstitutional in prejudgment and postjudgment garnishment cases. Madsen v. Memorial Sales of Ga., Inc., 140 Ga. App. 178, 230 S.E.2d 115 (1976).
CITED in Lege v. United States, 236 Ga. 138, 223 S.E.2d 78 (1976).
RESEARCH REFERENCES
ALR. --Attachment or garnishment of goods covered by negotiable warehouse receipt, 40 ALR 969.
Garnishment of carrier in respect of goods shipped, 46 ALR 933.
Attachment or garnishment as interference with foreign or interstate commerce, 85 ALR 1395.
Local property of insolvent foreign corporation for which a liquidator or receiver has been appointed in another state as subject to sequestration or seizure under execution or attachment, 98 ALR 351.
Effect as between garnishor and principal defendant in garnishment of judgment against garnishee, 103 ALR 839.
Effect of judgment in garnishment proceedings as between garnishee and principal defendant, 166 ALR 272.
Recovery of damages for mental anguish, distress, suffering, or the like, in action for wrongful attachment, garnishment, sequestration, or execution, 83 ALR3d 598.