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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 4. POSTJUDGMENT GARNISHMENT PROCEEDINGS GENERALLY |
Section 18-4-66. Forms for postjudgment garnishment
Latest version.
- For the purpose of Articles 1 through 5 of this chapter, the following forms are declared to be sufficient for garnishment after judgment, provided that nothing in this Code section shall be construed to require the use of particular forms in any proceeding under this article:
(1) Garnishment affidavit.
IN THE COURT OF COUNTY
STATE OF GEORGIA
)
Plaintiff )
)
v. ) Civil action
) File no.
)
Defendant )
)
)
Garnishee )
)
)
Address )
GARNISHMENT AFFIDAVIT
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
Sworn to and subscribed
before me this
day of , .
Plaintiff's attorney
(2) Summons of garnishment.
IN THE COURT OF COUNTY
STATE OF GEORGIA
)
Plaintiff )
)
v. ) Civil action
) File no.
)
Defendant )
Social security )
number )
)
)
Garnishee )
)
)
Address )
SUMMONS OF GARNISHMENT
To: Garnishee
Amount claimed due by plaintiff $
(To be completed by plaintiff)
Plus court costs due on the summons $
(To be completed by the 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 and the time of making your garnishee
answer. Not sooner than 30 days but 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 the plaintiff's attorney named below. Money or other property subject to
this summons should be delivered to the court with your garnishee answer.
Should you fail to file a garnishee answer to 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) Defendant's traverse and order thereon.
IN THE COURT OF COUNTY
STATE OF GEORGIA
)
Plaintiff )
)
v. ) Civil action
) File no.
)
Defendant )
)
)
Garnishee )
TRAVERSE OF DEFENDANT
Now comes the defendant in the above-styled case and traverses the
plaintiff's affidavit by saying the same is untrue or legally insufficient.
Defendant or his
attorney at law
ORDER
It is hereby ordered that a hearing be held upon the defendant's
traverse before this court on the day of , , at
: .M., and that a copy of the defendant's traverse and this order be
served as provided by law.
This day of , .
Judge,
Court of County
(CERTIFICATE OF SERVICE)
(4) Answer of garnishee.
IN THE COURT OF COUNTY
STATE OF GEORGIA
)
Plaintiff )
)
v. ) Civil action
) File no.
)
Defendant )
)
)
Garnishee )
ANSWER OF GARNISHEE
1.
At the time of service or from the time of service to the time of this
garnishee answer, garnishee had in its possession the following described
property of the defendant:
2.
At the time of service or from the time of service to the time of this
garnishee answer, all debt accruing from garnishee to defendant is 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 garnishment
4.
Garnishee further states: .
Garnishee,
garnishee's attorney, or officer
or employee of an entity garnishee
(CERTIFICATE OF SERVICE)
(5) Plaintiff's traverse.
IN THE COURT OF COUNTY
STATE OF GEORGIA
)
Plaintiff )
)
v. ) Civil action
) File no.
)
Defendant )
)
)
Garnishee )
TRAVERSE OF PLAINTIFF
Now comes the plaintiff in the above-styled case and traverses the
garnishee's answer by saying the same is untrue or legally insufficient.
Plaintiff or his
attorney at law
(CERTIFICATE OF SERVICE)
(6) Release of garnishment.
IN THE COURT OF COUNTY
STATE OF GEORGIA
)
Plaintiff )
)
v. ) Civil action
) File no.
)
Defendant )
)
)
Garnishee )
)
)
Address )
RELEASE OF GARNISHMENT
To: Garnishee
This is to notify you that you have been released from filing a
garnishee answer to any and all summons of garnishment pending as of this
date in the above-styled case.
This release authorizes you to deliver to the defendant in garnishment
any money or other property in your possession belonging to the defendant.
This release does not terminate the garnishment proceedings, nor does
this release relieve you of any obligation placed on you by the service of
a summons of garnishment subsequent to this date.
This day of , .
Clerk,
Court of County
(7) Attachment to summons of garnishment upon a financial institution.
IN THE COURT OF COUNTY
STATE OF GEORGIA
)
Plaintiff )
)
v. ) Civil action
) File no.
)
Defendant )
)
)
Other known names )
of Defendant )
)
Current and past )
addresses of Defendant )
)
Social security number )
or federal tax )
identification number )
of Defendant )
)
)
Account or identification)
numbers of Defendant )
used by Garnishee )
)
)
Other allegations )
)
)
Garnishee )
Code 1933, § 46-605, enacted by Ga. L. 1976, p. 1608, § 1; Ga. L. 1984, p. 370, § 2; Ga. L. 1985, p. 1632, § 2; Ga. L. 1997, p. 941, § 2; Ga. L. 1999, p. 81, § 18; Ga. L. 2012, p. 2, § 8/HB 683.