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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 6. CONTINUING GARNISHMENT PROCEEDINGS |
Section 18-4-118. Forms for continuing garnishment
Latest version.
- For purposes of this article, the following forms are declared to be sufficient, along with those provided in Code Section 18-4-66, for continuing garnishment, provided that nothing in this Code section shall be construed to require the use of particular forms in any proceeding under this article:
(1) Affidavit of continuing garnishment.
IN THE COURT OF COUNTY
STATE OF GEORGIA
)
Plaintiff )
)
v. ) Civil action
) File no.
)
Defendant )
)
)
Garnishee )
)
)
Address )
AFFIDAVIT OF CONTINUING GARNISHMENT
Personally appeared the undersigned affiant who on oath says that he is
the above plaintiff, his agent, or his attorney at law and that the above
defendant is indebted to said plaintiff on a judgment described as follows:
is the case number in the Court of County which
rendered the judgment against the defendant, $ being the balance
thereon.
Affiant further states that affiant believes that garnishee is or may be
an employer of the defendant and subject to continuing garnishment.
Affiant
Sworn to and subscribed
before me this
day of , .
Plaintiff's attorney
(2) Summons of continuing garnishment.
IN THE COURT OF COUNTY
STATE OF GEORGIA
)
Plaintiff )
)
v. ) Civil action
) File no.
)
Defendant )
Social security )
number )
)
Garnishee )
)
)
Address )
SUMMONS OF CONTINUING GARNISHMENT
To: Garnishee
Amount claimed due by plaintiff $
(To be completed by plaintiff)
Plus court costs due on this summons $
(To be completed by clerk)
YOU ARE HEREBY COMMANDED to hold immediately all property, money, wages,
except what is exempt, belonging to the defendant, or debts owed to the
defendant named above at the time of service of this summons and between
the time of service of this summons to and including the one hundred
seventy-ninth day thereafter. Not later than 45 days after you are served
with this summons, you are commanded to file your garnishee answer in
writing with the clerk of this court and serve a copy upon the plaintiff or
his attorney named below. This garnishee answer shall state what property,
money, and wages, except what is exempt, belonging to the defendant, or
debts owed to the defendant, you hold or owe at the time of service of this
summons and between the time of such service and the time of making your
first garnishee answer. Thereafter, you are required to file further
garnishee answers no later than 45 days after your last garnishee answer.
Every further garnishee answer shall state what property, money, and wages,
except what is exempt, belonging to the defendant, or debts owed to the
defendant, you hold or owe at and from the time of the last garnishee
answer to the time of the current garnishee answer. The last garnishee
answer required by this summons shall be filed no later than the one
hundred ninety-fifth day after you receive this summons. Money or other
property admitted in a garnishee answer to be subject to continuing
garnishment shall be delivered to the court with your garnishee answers.
Should you fail to file garnishee answers as required by this summons, a
judgment will be rendered against you for the amount the plaintiff claims
due by the defendant.
Witness the Honorable , Judge of said Court.
This day of , .
Clerk,
Court of County
Plaintiff's attorney
Address
Service perfected on garnishee, this day of , .
Deputy marshal, sheriff,
or constable
(3) Garnishee answer of continuing garnishment.
IN THE COURT OF COUNTY
STATE OF GEORGIA
)
Plaintiff )
)
v. ) Civil action
) File no.
)
Defendant )
)
)
Garnishee )
)
Address )
GARNISHEE ANSWER OF CONTINUING GARNISHMENT
1.
From the time of service of this summons of continuing garnishment, if
this is the first garnishee answer to such summons, otherwise from the time
of the last garnishee answer to this summons of continuing garnishment,
until the time of this garnishee answer, garnishee had in garnishee's
possession the following described property of the defendant:
2.
From the time of service of this summons of continuing garnishment, if
this is the first garnishee answer to such summons, otherwise from the time
of the last garnishee answer to this summons of continuing garnishment,
until the time of this garnishee answer, all debts accruing from garnishee
to the defendant are in the amount of $ .
3.
$ of the amount named in paragraph 2 was wages earned at the rate of
$ per for the period beginning (date) , , through the time of
making this garnishee answer. The amount of wages which is subject to this
garnishment is computed as follows:
$ Gross earnings
$ Total social security and withholding tax
$ Total disposable earnings
$ Amount of wages subject to continuing garnishment
4.
( ) If checked, defendant is not presently employed by this garnishee
and, if employed by garnishee on or after service of this summons of
continuing garnishment, was most recently terminated as of the day of
, .
5.
( ) If checked, this is the last garnishee answer this garnishee is
required to file to the presently pending summons of continuing garnishment
in the above-styled case.
6.
Garnishee further states: .
Garnishee,
garnishee's attorney, or officer
or employee of an entity garnishee
(CERTIFICATE OF SERVICE)
Code 1933, § 46-709, enacted by Ga. L. 1980, p. 1769, § 8; Ga. L. 1985, p. 1632, § 5; Ga. L. 1999, p. 81, § 18; Ga. L. 2012, p. 2, § 16/HB 683.