Section 18-4-40. Grounds for issuance of writ of garnishment prior to judgment

   In cases where an action is pending against the defendant, garnishment may issue prior to judgment only in the following cases:

   (1) When the defendant resides outside the limits of the state;

   (2) When the defendant is actually removing, or about to remove, outside the limits of the county;

   (3) When the defendant is causing his property to be removed beyond the limits of the state;

   (4) When the defendant has transferred, has threatened to transfer, or is about to transfer property to defraud or delay his creditors; or

   (5) When the defendant is insolvent.

Code 1933, § 46-201, enacted by Ga. L. 1976, p. 1608, § 1.