O.C.G.A. § 18-2-82 — GA Code / Title 18 / Chapter 2 / Section 18-2-82
Georgia Code Title 18. Debtor and Creditor § 18-2-82
Status: in_force

Unless displaced by the provisions of this article, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.
O.C.G.A. § 18-4-84 — GA Code / Title 18 / Chapter 4 / Section 18-4-84
Georgia Code Title 18. Debtor and Creditor § 18-4-84
Status: in_force

“IN THE COURT OF

COUNTY STATE OF GEORGIA

)

_______________________________________________

)

Plaintiff

)

)

v.

)

Civil Action File No.

)

_______________________________________________

_______________________________________________

)

Defendant

)

)

_______________________________________________

)

Garnishee

)

GARNISHEE ANSWER OF (GARNISHEE)

1. At the time of service or from the time of service to the time of this Garnishee Answer, the Garnishee had in its possession the following described property of the Defendant:

1. At the time of service or from the time of service to the time of this Garnishee Answer, the 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 obligations accruing from the Garnishee to the Defendant are in the amount of $ ___________.

2. At the time of service or from the time of service to the time of this Garnishee Answer, all obligations accruing from the Garnishee to the Defendant are in the amount of $ ___________.

3. $ ________ is the amount herewith paid into court.

3. $ ________ is the amount herewith paid into court.

4. The Garnishee further states: ___________________________________________. __________________________________ Garnishee, Garnishee's Attorney, or officer or employee of an entity Garnishee CERTIFICATE OF SERVICE This is to certify that I have this day served the Plaintiff or Plaintiff's Attorney and the Defendant or Defendant's Attorney in the foregoing matter with a copy of this pleading by depositing it in the United States mail in a properly addressed envelope with adequate postage thereon. This ______________ day of ________________, 20__. ______________________________ Garnishee, Garnishee's Attorney, or officer or employee of an entity Garnishee”

4. The Garnishee further states: ___________________________________________.

__________________________________ Garnishee, Garnishee's Attorney, or officer or employee of an entity Garnishee

__________________________________

Garnishee,

Garnishee's Attorney, or

officer or employee of an entity Garnishee

CERTIFICATE OF SERVICE

This is to certify that I have this day served the Plaintiff or Plaintiff's Attorney and the Defendant or Defendant's Attorney in the foregoing matter with a copy of this pleading by depositing it in the United States mail in a properly addressed envelope with adequate postage thereon.

This ______________ day of ________________, 20__.

______________________________ Garnishee, Garnishee's Attorney, or officer or employee of an entity Garnishee”

______________________________

Garnishee,

Garnishee's Attorney, or

officer or employee of an entity Garnishee”
O.C.G.A. § 18-4-51 — GA Code / Title 18 / Chapter 4 / Section 18-4-51
Georgia Code Title 18. Debtor and Creditor § 18-4-51
Status: in_force

(a) In addition to garnishment proceedings otherwise available under this chapter, in all cases when a judgment was obtained or is being enforced, a plaintiff shall be entitled to the process of continuing garnishment for support against any garnishee who is an employer of the defendant against whom the judgment has been obtained.

(a) In addition to garnishment proceedings otherwise available under this chapter, in all cases when a judgment was obtained or is being enforced, a plaintiff shall be entitled to the process of continuing garnishment for support against any garnishee who is an employer of the defendant against whom the judgment has been obtained.

(b) Unless otherwise specifically provided in this article, Articles 1 and 2 of this chapter shall apply to this article.

(b) Unless otherwise specifically provided in this article, Articles 1 and 2 of this chapter shall apply to this article.
O.C.G.A. § 18-4-25 — GA Code / Title 18 / Chapter 4 / Section 18-4-25
Georgia Code Title 18. Debtor and Creditor § 18-4-25
Status: in_force

(a) A release of a summons of garnishment: (1) Shall relieve the garnishee from any obligation to file a garnishee answer to any summons of garnishment pending on the date of the release and shall authorize the garnishee to pay or deliver to the defendant any money or other property in the garnishee's possession belonging to the defendant; and (2) Shall not operate as a dismissal of the garnishment proceeding.

(a) A release of a summons of garnishment:

(1) Shall relieve the garnishee from any obligation to file a garnishee answer to any summons of garnishment pending on the date of the release and shall authorize the garnishee to pay or deliver to the defendant any money or other property in the garnishee's possession belonging to the defendant; and

(1) Shall relieve the garnishee from any obligation to file a garnishee answer to any summons of garnishment pending on the date of the release and shall authorize the garnishee to pay or deliver to the defendant any money or other property in the garnishee's possession belonging to the defendant; and

(2) Shall not operate as a dismissal of the garnishment proceeding.

(2) Shall not operate as a dismissal of the garnishment proceeding.

(b) It shall be the duty of the clerk of the court in which garnishment proceedings are pending to issue a release of garnishment if: (1) The plaintiff or the plaintiff's attorney requests a release in writing; (2) The amount shown to be due on the plaintiff's affidavit of garnishment together with the costs of the garnishment proceeding are paid into court; (3) A judge enters an order, after a hearing required by this chapter, directing that the garnishment be released; or (4) The garnishment is dismissed.

(b) It shall be the duty of the clerk of the court in which garnishment proceedings are pending to issue a release of garnishment if:

(1) The plaintiff or the plaintiff's attorney requests a release in writing;

(1) The plaintiff or the plaintiff's attorney requests a release in writing;

(2) The amount shown to be due on the plaintiff's affidavit of garnishment together with the costs of the garnishment proceeding are paid into court;

(2) The amount shown to be due on the plaintiff's affidavit of garnishment together with the costs of the garnishment proceeding are paid into court;

(3) A judge enters an order, after a hearing required by this chapter, directing that the garnishment be released; or

(3) A judge enters an order, after a hearing required by this chapter, directing that the garnishment be released; or

(4) The garnishment is dismissed.

(4) The garnishment is dismissed.

(c) The form for a release of garnishment is set forth in Code Section 18-4-89 .

(c) The form for a release of garnishment is set forth in Code Section 18-4-89 .
O.C.G.A. § 18-3-19 — GA Code / Title 18 / Chapter 3 / Section 18-3-19
Georgia Code Title 18. Debtor and Creditor § 18-3-19
Status: in_force

In all cases of attachment, the form of the affidavit, bond, attachment, and order authorizing the issuance thereof may be as follows:

(1) Affidavit for attachment . AFFIDAVIT STATE OF GEORGIA COUNTY OF __________ Personally appeared _____ who on oath says that he is attorney at law for _____ and that _____ is indebted to said plaintiff in the sum of $_____ and that said defendant _____. _____________________________________________ Affiant Sworn to and subscribed before me this _________ day of __________, _____. ___________________________ Judge

(1) Affidavit for attachment .

AFFIDAVIT

STATE OF GEORGIA

COUNTY OF __________

Personally appeared _____ who on oath says that he is attorney at law for _____ and that _____ is indebted to said plaintiff in the sum of $_____ and that said defendant _____.

_____________________________________________

Affiant

Sworn to and subscribed

before me this _________

day of __________, _____.

___________________________

Judge

(2) Bond. BOND STATE OF GEORGIA COUNTY OF __________ We, _____, principal, and _____, security, jointly and severally acknowledge ourselves bound unto the foregoing defendant in the sum of $_____, subject to the following conditions: The said principal is seeking attachment against the said defendant which is now about to be sued out in the _____ Court of _____ County. Now, if the said plaintiff shall pay all damages that the defendant may sustain, and also all costs that may be incurred by him in consequence of suing out such attachment, in the event that the said plaintiff shall fail to recover in said case, then this bond shall be void. __________ (SEAL) __________ (SEAL) Witnessed and approved this ____________ day of ____________, ________. _______________________ Deputy Clerk, ____ Court of ____ County

(2) Bond.

BOND

STATE OF GEORGIA

COUNTY OF __________

We, _____, principal, and _____, security, jointly and severally acknowledge ourselves bound unto the foregoing defendant in the sum of $_____, subject to the following conditions:

The said principal is seeking attachment against the said defendant which is now about to be sued out in the _____ Court of _____ County.

Now, if the said plaintiff shall pay all damages that the defendant may sustain, and also all costs that may be incurred by him in consequence of suing out such attachment, in the event that the said plaintiff shall fail to recover in said case, then this bond shall be void.

__________ (SEAL)

__________ (SEAL)

Witnessed and approved

this ____________ day of

____________, ________.

_______________________

Deputy Clerk,

____ Court of ____ County

(3) Attachment. ATTACHMENT STATE OF GEORGIA COUNTY OF __________ To the marshal of said court or his lawful deputies, to all and singular the sheriffs or their lawful deputies, and to all lawful constables of said state: You are commanded to seize so much of the property of the foregoing defendant as will make the sum of $_____ and all costs, and to serve such summons of garnishment as may be placed in your hands, and that you make return of this attachment with your actions entered thereon to the _____ term, _____, of the _____ Court of _____ County, to which court this attachment is hereby made returnable. This _____ day of _____, _____. __________ (SEAL) _______ Court of _______ County

(3) Attachment.

ATTACHMENT

STATE OF GEORGIA

COUNTY OF __________

To the marshal of said court or his lawful deputies, to all and singular the sheriffs or their lawful deputies, and to all lawful constables of said state:

You are commanded to seize so much of the property of the foregoing defendant as will make the sum of $_____ and all costs, and to serve such summons of garnishment as may be placed in your hands, and that you make return of this attachment with your actions entered thereon to the _____ term, _____, of the _____ Court of _____ County, to which court this attachment is hereby made returnable.

This _____ day of _____, _____.

__________ (SEAL)

_______ Court of _______ County

(4) Order. IN THE _______ COURT OF _______ COUNTY STATE OF GEORGIA ____________ ) Plaintiff ) v. ) Civil action ) File no. __________ ____________ ) Defendant ) ) ORDER Upon application of the plaintiff for a writ of attachment, and having considered the affidavit with bond attached, and inquiring into the grounds and circumstances herein, it is the determination of this court that the plaintiff is (or is not) entitled to a writ of attachment, and it is ORDERED that a writ of attachment issue upon the property of the defendant (or that a writ of attachment be denied). This _____ day of _____, _____. _________________________________________________ Judge, _______ Court of _______ County

(4) Order.

IN THE _______ COURT OF _______ COUNTY

STATE OF GEORGIA

____________

)

Plaintiff

)

v.

)

Civil action

)

File no. __________

____________

)

Defendant

)

)

ORDER

Upon application of the plaintiff for a writ of attachment, and having considered the affidavit with bond attached, and inquiring into the grounds and circumstances herein, it is the determination of this court that the plaintiff is (or is not) entitled to a writ of attachment, and it is

ORDERED that a writ of attachment issue upon the property of the defendant (or that a writ of attachment be denied).

This _____ day of _____, _____.

_________________________________________________

Judge,

_______ Court of _______ County
O.C.G.A. § 18-3-34 — GA Code / Title 18 / Chapter 3 / Section 18-3-34
Georgia Code Title 18. Debtor and Creditor § 18-3-34
Status: in_force

When an attachment is levied on the property of a foreign corporation, any agent of the corporation may recover the property levied upon by giving a bond, with good security, conditioned to pay the amount of judgment and costs that the plaintiff in attachment may recover in the case. The officer taking the bond shall return the bond with the attachment to the court to which the attachment is made returnable; and the plaintiff shall be entitled to entry of judgment against the corporation and its sureties upon the bond for the amount of the judgment and costs entered against the corporation in the case.
O.C.G.A. § 18-2-58 — GA Code / Title 18 / Chapter 2 / Section 18-2-58
Georgia Code Title 18. Debtor and Creditor § 18-2-58
Status: in_force

No creditor shall be required to reduce his debt to judgment before asking equitable relief in any action against the assignor or assignee, or both.
O.C.G.A. § 18-3-20 — GA Code / Title 18 / Chapter 3 / Section 18-3-20
Georgia Code Title 18. Debtor and Creditor § 18-3-20
Status: in_force

A substantial compliance in all matters of form shall be held sufficient in all applications for attachment and in all attachments issued as provided by this chapter.
O.C.G.A. § 18-3-16 — GA Code / Title 18 / Chapter 3 / Section 18-3-16
Georgia Code Title 18. Debtor and Creditor § 18-3-16
Status: in_force

Attachments may issue and be levied on Sunday when the plaintiff, his agent, or his attorney at law shall state, in his sworn application for a writ of attachment, that he has reason to believe the debt will not be satisfied unless process of attachment shall issue on Sunday and shall also comply with the other provisions of this chapter.
O.C.G.A. § 18-4-74 — GA Code / Title 18 / Chapter 4 / Section 18-4-74
Georgia Code Title 18. Debtor and Creditor § 18-4-74
Status: in_force

“IN THE COURT OF

COUNTY STATE OF GEORGIA

)

)

___________________________________________________

)

Name

)

)

)

___________________________________________________

)

Name

)

___________________________________________________

)

Civil Action File No.

Street Address

)

_______________

___________________________________________________

)

City

State

ZIP Code

)

___________________________________________________

)

Email Address

)

___________________________________________________

)

Phone Number

)

___________________________________________________

)

Bar Number

)

)

v.

)

)

)

___________________________________________________

)

____________________________________________

Name

)

Street Address

____________________________________________________

)

________________,

Georgia _________________

Street Address

)

City

ZIP Code

___________________________________________________

)

____________________________________________

City

State

ZIP Code

)

Phone Number

)

)

___________________________________________________

)

Name

)

___________________________________________________

)

Street Address

)

___________________________________________________

)

City

State

ZIP Code

)

SUMMONS OF GARNISHMENT

☐ O.C.G.A. § 18-4-80

TO THE ABOVE-NAMED GARNISHEE:

Total amount claimed due by the Plaintiff ․․․․․․․․․․․․․․․․․․․․․․

$ ______________________________

Plus court costs due on this summons․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$ ______________________________

Total garnishment claim․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$ ______________________________

COURT OF JUDGMENT

JUDGMENT CASE NO.

YOU ARE HEREBY COMMANDED to immediately hold all money, including wages, and other property, except what is known to be exempt, including property in safe-deposit boxes or similar property that you hold, belonging to the Defendant or obligations owed to the Defendant named above beginning on the day of service of this summons and including the next 29 days. You are FURTHER COMMANDED to file your answer, in writing, not sooner than 30 days and not later than 45 days from the date you were served with this summons, with the Clerk of this Court and serve a copy of your answer upon the Plaintiff or Plaintiff's Attorney named above and the Defendant named above, or the Defendant's Attorney, if known, at the time of making such answer. Your answer shall state what money, including wages, or other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant you hold beginning on the day of service of this summons and including the next 29 days. Money, including wages, or other property admitted in an answer to be subject to garnishment must be sent or delivered to the Court concurrently with your answer.

If, in answering this summons, you state that the property of the Defendant includes property in a safe-deposit box or similar property, you shall answer to the Court issuing this summons as to the existence of such safe-deposit box or similar property and shall restrict access to any contents of such safe-deposit box or similar property until further order of such Court regarding the disposition of such contents or 120 days from the date of filing your answer to this summons unless such time has been extended by the Court, whichever is sooner.

Should you fail to file a Garnishee Answer as required by this summons, a judgment by default will be rendered against you for the amount remaining due on a judgment as shown in the Plaintiff's Affidavit of Garnishment.

WITNESS , the Honorable ________________________, Judge of said Court.

This ____ day of ________________________________, 20______.

________________________, Clerk of Court

By: _________________________________

Deputy Clerk, ____________________ Court”
O.C.G.A. § 18-3-50 — GA Code / Title 18 / Chapter 3 / Section 18-3-50
Georgia Code Title 18. Debtor and Creditor § 18-3-50
Status: in_force

(a) When property is levied on by virtue of an attachment and the same is claimed by any person not a party to the attachment, it shall be the duty of the person claiming the same, his agent, or his attorney at law to make an oath before some person authorized by law to administer an oath that the property levied on is the property of the claimant and is not subject to the attachment according to the best of his knowledge and belief.

(a) When property is levied on by virtue of an attachment and the same is claimed by any person not a party to the attachment, it shall be the duty of the person claiming the same, his agent, or his attorney at law to make an oath before some person authorized by law to administer an oath that the property levied on is the property of the claimant and is not subject to the attachment according to the best of his knowledge and belief.

(b) The claimant shall give bond, with good security, payable to the plaintiff in attachment in a sum not larger than double the amount of the attachment levied and, where the property attached is of less value than the attachment, in the judgment of the levying officer, then in double the value of the property conditioned to pay the plaintiff all damages which the jury, on the trial of the right of property, may assess against him in case it should be made to appear that the claim was made for the purpose of delay; and, in case the claim is interposed by the agent or attorney at law of the claimant, the agent or attorney at law shall have power to sign the name of the claimant to the bond, and the claimant shall be bound in the same manner as though he had signed it himself. It shall be the duty of the levying officer taking the affidavit and bond to return the same to the court to which the attachment is returnable, unless the property levied on should be real estate, in which case it shall be his duty to return the same to the superior court of the county where the land lies, provided that, if the claimant is unable to give such bond and security, he may interpose his claim as provided in Code Section 9-15-2 .

(b) The claimant shall give bond, with good security, payable to the plaintiff in attachment in a sum not larger than double the amount of the attachment levied and, where the property attached is of less value than the attachment, in the judgment of the levying officer, then in double the value of the property conditioned to pay the plaintiff all damages which the jury, on the trial of the right of property, may assess against him in case it should be made to appear that the claim was made for the purpose of delay; and, in case the claim is interposed by the agent or attorney at law of the claimant, the agent or attorney at law shall have power to sign the name of the claimant to the bond, and the claimant shall be bound in the same manner as though he had signed it himself. It shall be the duty of the levying officer taking the affidavit and bond to return the same to the court to which the attachment is returnable, unless the property levied on should be real estate, in which case it shall be his duty to return the same to the superior court of the county where the land lies, provided that, if the claimant is unable to give such bond and security, he may interpose his claim as provided in Code Section 9-15-2 .
O.C.G.A. § 18-2-78 — GA Code / Title 18 / Chapter 2 / Section 18-2-78
Georgia Code Title 18. Debtor and Creditor § 18-2-78
Status: in_force

(a) A transfer or obligation is not voidable under paragraph (1) of subsection (a) of Code Section 18-2-74 against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee.

(a) A transfer or obligation is not voidable under paragraph (1) of subsection (a) of Code Section 18-2-74 against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee.

(b) To the extent a transfer is avoidable in an action by a creditor under paragraph (1) of subsection (a) of Code Section 18-2-77 , the following rules apply: (1) Except as otherwise provided in this Code section, the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (c) of this Code section, or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment may be entered against: (A) The first transferee of the asset or the person for whose benefit the transfer was made; or (B) An immediate or mediate transferee of the first transferee, other than: (i) A good faith transferee who took for value; or (ii) An immediate or mediate good faith transferee of a person described in division (i) of this subparagraph. (2) Recovery pursuant to paragraph (1) of subsection (a) or subsection (b) of Code Section 18-2-77 of or from the asset transferred or its proceeds, by levy or otherwise, is available only against a person described in paragraph (1) of this subsection.

(b) To the extent a transfer is avoidable in an action by a creditor under paragraph (1) of subsection (a) of Code Section 18-2-77 , the following rules apply:

(1) Except as otherwise provided in this Code section, the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (c) of this Code section, or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment may be entered against: (A) The first transferee of the asset or the person for whose benefit the transfer was made; or (B) An immediate or mediate transferee of the first transferee, other than: (i) A good faith transferee who took for value; or (ii) An immediate or mediate good faith transferee of a person described in division (i) of this subparagraph.

(1) Except as otherwise provided in this Code section, the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (c) of this Code section, or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment may be entered against:

(A) The first transferee of the asset or the person for whose benefit the transfer was made; or

(A) The first transferee of the asset or the person for whose benefit the transfer was made; or

(B) An immediate or mediate transferee of the first transferee, other than: (i) A good faith transferee who took for value; or (ii) An immediate or mediate good faith transferee of a person described in division (i) of this subparagraph.

(B) An immediate or mediate transferee of the first transferee, other than:

(i) A good faith transferee who took for value; or

(i) A good faith transferee who took for value; or

(ii) An immediate or mediate good faith transferee of a person described in division (i) of this subparagraph.

(ii) An immediate or mediate good faith transferee of a person described in division (i) of this subparagraph.

(2) Recovery pursuant to paragraph (1) of subsection (a) or subsection (b) of Code Section 18-2-77 of or from the asset transferred or its proceeds, by levy or otherwise, is available only against a person described in paragraph (1) of this subsection.

(2) Recovery pursuant to paragraph (1) of subsection (a) or subsection (b) of Code Section 18-2-77 of or from the asset transferred or its proceeds, by levy or otherwise, is available only against a person described in paragraph (1) of this subsection.

(c) If the judgment under subsection (b) of this Code section is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.

(c) If the judgment under subsection (b) of this Code section is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.

(d) Notwithstanding voidability of a transfer or an obligation under this article, a good faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to: (1) A lien on or a right to retain any interest in the asset transferred; (2) Enforcement of any obligation incurred; or (3) A reduction in the amount of the liability on the judgment.

(d) Notwithstanding voidability of a transfer or an obligation under this article, a good faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to:

(1) A lien on or a right to retain any interest in the asset transferred;

(1) A lien on or a right to retain any interest in the asset transferred;

(2) Enforcement of any obligation incurred; or

(2) Enforcement of any obligation incurred; or

(3) A reduction in the amount of the liability on the judgment.

(3) A reduction in the amount of the liability on the judgment.

(e) A transfer is not voidable under paragraph (2) of subsection (a) of Code Section 18-2-74 or Code Section 18-2-75 if the transfer results from: (1) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or (2) Enforcement of a security interest in compliance with Article 9 of the Uniform Commercial Code , other than acceptance of collateral in full or partial satisfaction of the obligation it secures.

(e) A transfer is not voidable under paragraph (2) of subsection (a) of Code Section 18-2-74 or Code Section 18-2-75 if the transfer results from:

(1) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or

(1) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or

(2) Enforcement of a security interest in compliance with Article 9 of the Uniform Commercial Code , other than acceptance of collateral in full or partial satisfaction of the obligation it secures.

(2) Enforcement of a security interest in compliance with Article 9 of the Uniform Commercial Code , other than acceptance of collateral in full or partial satisfaction of the obligation it secures.

(f) A transfer is not voidable under subsection (b) of Code Section 18-2-75 : (1) To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made unless the new value was secured by a valid lien; (2) If made in the ordinary course of business or financial affairs of the debtor and the insider; or (3) If made pursuant to a good faith effort to rehabilitate the debtor and the transfer secured the present value given for that purpose as well as an antecedent debt of the debtor.

(f) A transfer is not voidable under subsection (b) of Code Section 18-2-75 :

(1) To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made unless the new value was secured by a valid lien;

(1) To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made unless the new value was secured by a valid lien;

(2) If made in the ordinary course of business or financial affairs of the debtor and the insider; or

(2) If made in the ordinary course of business or financial affairs of the debtor and the insider; or

(3) If made pursuant to a good faith effort to rehabilitate the debtor and the transfer secured the present value given for that purpose as well as an antecedent debt of the debtor.

(3) If made pursuant to a good faith effort to rehabilitate the debtor and the transfer secured the present value given for that purpose as well as an antecedent debt of the debtor.

(g) The following rules determine the burden of proving matters referred to in this Code section: (1) A party that seeks to invoke subsection (a), (d), (e), or (f) of this Code section has the burden of proving the applicability of that subsection; (2) Except as otherwise provided in paragraphs (3) and (4) of this subsection, the creditor has the burden of proving each applicable element of subsection (b) or (c) of this Code section; (3) The transferee has the burden of proving the applicability to the transferee of subparagraph (b)(1)(B) of this Code section; and (4) A party that seeks adjustment under subsection (c) of this Code section has the burden of proving the adjustment.

(g) The following rules determine the burden of proving matters referred to in this Code section:

(1) A party that seeks to invoke subsection (a), (d), (e), or (f) of this Code section has the burden of proving the applicability of that subsection;

(1) A party that seeks to invoke subsection (a), (d), (e), or (f) of this Code section has the burden of proving the applicability of that subsection;

(2) Except as otherwise provided in paragraphs (3) and (4) of this subsection, the creditor has the burden of proving each applicable element of subsection (b) or (c) of this Code section;

(2) Except as otherwise provided in paragraphs (3) and (4) of this subsection, the creditor has the burden of proving each applicable element of subsection (b) or (c) of this Code section;

(3) The transferee has the burden of proving the applicability to the transferee of subparagraph (b)(1)(B) of this Code section; and

(3) The transferee has the burden of proving the applicability to the transferee of subparagraph (b)(1)(B) of this Code section; and

(4) A party that seeks adjustment under subsection (c) of this Code section has the burden of proving the adjustment.

(4) A party that seeks adjustment under subsection (c) of this Code section has the burden of proving the adjustment.

(h) The standard of proof required to establish matters referred to in this Code section is preponderance of the evidence.

(h) The standard of proof required to establish matters referred to in this Code section is preponderance of the evidence.
O.C.G.A. § 18-3-52 — GA Code / Title 18 / Chapter 3 / Section 18-3-52
Georgia Code Title 18. Debtor and Creditor § 18-3-52
Status: in_force

The third-party claim shall be tried in the same manner and subject to the same rules and regulations as are prescribed by law for the trial of other claims in the court to which it is returned.
O.C.G.A. § 18-4-83 — GA Code / Title 18 / Chapter 4 / Section 18-4-83
Georgia Code Title 18. Debtor and Creditor § 18-4-83
Status: in_force

“IN THE COURT OF COUNTY

STATE OF GEORGIA

)

_________________________________________________

)

Plaintiff

)

)

v.

)

Civil Action File No. ________________________

)

_________________________________________________

)

Defendant

)

)

_________________________________________________

)

Garnishee

)

ORDER FOR HEARING ON DEFENDANT'S CLAIM

It is hereby ordered that a hearing be held upon the Defendant's claim before this court on the __________ day of__________, 20___, at ___:___ _. M., and that the Clerk of Court shall transmit a copy of the Defendant's Claim Form and this order to the Plaintiff, the Defendant, and the Garnishee.

This __________day of__________, 20___.

________________________________________ Judge, ______________ Court of ____________ County

________________________________________

Judge,

______________ Court of ____________ County

CERTIFICATE OF SERVICE

This is to certify that I have this day served the Plaintiff or Plaintiff's Attorney, the Defendant, and the Garnishee in the foregoing matter with a copy of this pleading by depositing it in the United States Mail in a properly addressed envelope with adequate postage thereon.

This __________day of__________, 20___.

_____________________ Deputy Clerk of Court”

_____________________

Deputy Clerk of Court”
O.C.G.A. § 18-4-50 — GA Code / Title 18 / Chapter 4 / Section 18-4-50
Georgia Code Title 18. Debtor and Creditor § 18-4-50
Status: in_force

As used in this article, the term:

(1) “ Earnings ” shall have the same meaning as set forth in Code Section 18-4-1 and shall include disability or retirement benefits that are received from the Social Security Administration pursuant to Title II of the federal Social Security Act, disability benefits that are received pursuant to the federal Veterans' Benefits Act of 2010, 38 U.S.C. Section 101, et seq., workers' compensation benefits, whether temporary or permanent, and unemployment insurance benefits.

(1) “ Earnings ” shall have the same meaning as set forth in Code Section 18-4-1 and shall include disability or retirement benefits that are received from the Social Security Administration pursuant to Title II of the federal Social Security Act, disability benefits that are received pursuant to the federal Veterans' Benefits Act of 2010, 38 U.S.C. Section 101, et seq., workers' compensation benefits, whether temporary or permanent, and unemployment insurance benefits.

(2) “ Judgment ” means an order for periodic support obtained: (A) In a court of this state; (B) In a court of another state which has been registered pursuant to Code Section 19-11-77 under the “Uniform Reciprocal Enforcement of Support Act” or as provided in Article 3 of Chapter 11 of Title 19, the “Uniform Interstate Family Support Act,” or Article 6 of Chapter 12 of Title 9, the “Uniform Enforcement of Foreign Judgments Law”; (C) By a final administrative order for support issued by the Department of Human Services; or (D) By a final administrative order issued by a governmental agency of another state.

(2) “ Judgment ” means an order for periodic support obtained:

(A) In a court of this state;

(A) In a court of this state;

(B) In a court of another state which has been registered pursuant to Code Section 19-11-77 under the “Uniform Reciprocal Enforcement of Support Act” or as provided in Article 3 of Chapter 11 of Title 19, the “Uniform Interstate Family Support Act,” or Article 6 of Chapter 12 of Title 9, the “Uniform Enforcement of Foreign Judgments Law”;

(B) In a court of another state which has been registered pursuant to Code Section 19-11-77 under the “Uniform Reciprocal Enforcement of Support Act” or as provided in Article 3 of Chapter 11 of Title 19, the “Uniform Interstate Family Support Act,” or Article 6 of Chapter 12 of Title 9, the “Uniform Enforcement of Foreign Judgments Law”;

(C) By a final administrative order for support issued by the Department of Human Services; or

(C) By a final administrative order for support issued by the Department of Human Services; or

(D) By a final administrative order issued by a governmental agency of another state.

(D) By a final administrative order issued by a governmental agency of another state.

(3) “ Periodic support ” means money required to be paid regularly on a daily, weekly, monthly, or other similar specified frequency for the support of a minor child of the defendant or a spouse or former spouse of the defendant.

(3) “ Periodic support ” means money required to be paid regularly on a daily, weekly, monthly, or other similar specified frequency for the support of a minor child of the defendant or a spouse or former spouse of the defendant.
O.C.G.A. § 18-3-54 — GA Code / Title 18 / Chapter 3 / Section 18-3-54
Georgia Code Title 18. Debtor and Creditor § 18-3-54
Status: in_force

(a) In cases where the claimant shall deliver the property and upon selling the same a sufficient amount shall not be raised to pay the debt and costs of the plaintiff, the plaintiff may institute an action against the claimant and his securities upon his bond and recover the full value of the hire or use of the property while the same has been in the possession of the claimant and also full damages for any deterioration of the value of the property, by use or otherwise, while the same has been in the possession of the claimant, provided such recovery shall not exceed the amount of the debt that may remain due from the defendant in attachment to the plaintiff.

(a) In cases where the claimant shall deliver the property and upon selling the same a sufficient amount shall not be raised to pay the debt and costs of the plaintiff, the plaintiff may institute an action against the claimant and his securities upon his bond and recover the full value of the hire or use of the property while the same has been in the possession of the claimant and also full damages for any deterioration of the value of the property, by use or otherwise, while the same has been in the possession of the claimant, provided such recovery shall not exceed the amount of the debt that may remain due from the defendant in attachment to the plaintiff.

(b) The remedy provided in this Code section is and shall be extended to all other claims in the cases herein provided for.

(b) The remedy provided in this Code section is and shall be extended to all other claims in the cases herein provided for.
O.C.G.A. § 18-3-70 — GA Code / Title 18 / Chapter 3 / Section 18-3-70
Georgia Code Title 18. Debtor and Creditor § 18-3-70
Status: in_force

When the defendant has given bond and security, or when he has appeared and made defense by himself or attorney at law without raising a valid defense of lack of jurisdiction over the person, the judgment rendered against him in such case shall bind all his property and shall have the same force and effect as when there has been personal service, and execution shall issue accordingly, but it shall be first levied upon the property attached. In all other cases, the judgment on the attachment shall only bind the property attached and the judgment shall be entered only against such property.
O.C.G.A. § 18-2-85 — GA Code / Title 18 / Chapter 2 / Section 18-2-85
Georgia Code Title 18. Debtor and Creditor § 18-2-85
Status: in_force

(a) As used in this Code section, the term: (1) “ Charitable organization ” means an organization which has qualified as tax-exempt under Section 501(c)(3) of the federal Internal Revenue Code of 1986 and has been so qualified for not less than two years preceding any transfer pursuant to this Code section, other than a private foundation or family trust. (2) “Private foundation” shall have the same meaning as set forth in 26 U.S.C. Section 509(a) .

(a) As used in this Code section, the term:

(1) “ Charitable organization ” means an organization which has qualified as tax-exempt under Section 501(c)(3) of the federal Internal Revenue Code of 1986 and has been so qualified for not less than two years preceding any transfer pursuant to this Code section, other than a private foundation or family trust.

(1) “ Charitable organization ” means an organization which has qualified as tax-exempt under Section 501(c)(3) of the federal Internal Revenue Code of 1986 and has been so qualified for not less than two years preceding any transfer pursuant to this Code section, other than a private foundation or family trust.

(2) “Private foundation” shall have the same meaning as set forth in 26 U.S.C. Section 509(a) .

(2) “Private foundation” shall have the same meaning as set forth in 26 U.S.C. Section 509(a) .

(b) A transfer made to a charitable organization shall be considered voidable only if it is established that a voidable transfer has occurred as described in Code Section 18-2-74 or 18-2-75 , and such charitable organization had actual or constructive knowledge of the voidable nature of the transfer.

(b) A transfer made to a charitable organization shall be considered voidable only if it is established that a voidable transfer has occurred as described in Code Section 18-2-74 or 18-2-75 , and such charitable organization had actual or constructive knowledge of the voidable nature of the transfer.

(c) The statute of limitations for a civil action with respect to a voidable transfer to a charitable organization under this Code section shall be within two years after such transfer was made.

(c) The statute of limitations for a civil action with respect to a voidable transfer to a charitable organization under this Code section shall be within two years after such transfer was made.
O.C.G.A. § 18-5-3-1 — GA Code / Title 18 / Chapter 5 / Section 18-5-3-1
Georgia Code Title 18. Debtor and Creditor § 18-5-3.1
Status: in_force

(a) Any person engaged in debt adjusting for debtors residing in this state shall meet the following annual requirements: (1) Obtain from an independent third party certified public accountant an annual audit of all accounts of such person in which the funds of debtors are deposited and from which payments are made to creditors on behalf of debtors. A copy of the summary results of such annual audit shall be made available upon written request to any party so requesting a copy for a charge not to exceed the cost of the reproduction of the annual audit; and (2) Obtain and maintain at all times insurance coverage for employee dishonesty, depositor's forgery, and computer fraud in an amount not less than the greater of $100,000.00 or 10 percent of the monthly average for the immediately preceding six months of the aggregate amount of all deposits made with such person by all debtors. The deductible on such coverage shall not exceed 10 percent of the face amount of the policy coverage. Such policy shall be issued by a company rated at least “A-” or its equivalent by a nationally recognized rating organization and such policy shall provide for 30 days' advance written notice of termination of the policy to be provided to the Attorney General's office.

(a) Any person engaged in debt adjusting for debtors residing in this state shall meet the following annual requirements:

(1) Obtain from an independent third party certified public accountant an annual audit of all accounts of such person in which the funds of debtors are deposited and from which payments are made to creditors on behalf of debtors. A copy of the summary results of such annual audit shall be made available upon written request to any party so requesting a copy for a charge not to exceed the cost of the reproduction of the annual audit; and

(1) Obtain from an independent third party certified public accountant an annual audit of all accounts of such person in which the funds of debtors are deposited and from which payments are made to creditors on behalf of debtors. A copy of the summary results of such annual audit shall be made available upon written request to any party so requesting a copy for a charge not to exceed the cost of the reproduction of the annual audit; and

(2) Obtain and maintain at all times insurance coverage for employee dishonesty, depositor's forgery, and computer fraud in an amount not less than the greater of $100,000.00 or 10 percent of the monthly average for the immediately preceding six months of the aggregate amount of all deposits made with such person by all debtors. The deductible on such coverage shall not exceed 10 percent of the face amount of the policy coverage. Such policy shall be issued by a company rated at least “A-” or its equivalent by a nationally recognized rating organization and such policy shall provide for 30 days' advance written notice of termination of the policy to be provided to the Attorney General's office.

(2) Obtain and maintain at all times insurance coverage for employee dishonesty, depositor's forgery, and computer fraud in an amount not less than the greater of $100,000.00 or 10 percent of the monthly average for the immediately preceding six months of the aggregate amount of all deposits made with such person by all debtors. The deductible on such coverage shall not exceed 10 percent of the face amount of the policy coverage. Such policy shall be issued by a company rated at least “A-” or its equivalent by a nationally recognized rating organization and such policy shall provide for 30 days' advance written notice of termination of the policy to be provided to the Attorney General's office.

(b) A copy of the annual audits and insurance policies required by this Code section shall be filed annually with the Attorney General's office.

(b) A copy of the annual audits and insurance policies required by this Code section shall be filed annually with the Attorney General's office.

(c) The Attorney General's office shall act as a repository for the audits, insurance, and termination notices furnished to such office pursuant to this Code section. No oversight responsibility shall be imposed upon such office by virtue of its receipt of such documents.

(c) The Attorney General's office shall act as a repository for the audits, insurance, and termination notices furnished to such office pursuant to this Code section. No oversight responsibility shall be imposed upon such office by virtue of its receipt of such documents.
O.C.G.A. § 18-4-54 — GA Code / Title 18 / Chapter 4 / Section 18-4-54
Georgia Code Title 18. Debtor and Creditor § 18-4-54
Status: in_force

(a) The money paid into court with the initial garnishee answer, after deduction for costs, shall be first applied to the support payment required to be paid on a periodic basis that has accrued on a daily basis, by converting the periodic amount to an annual amount and dividing by 365, from the date of the plaintiff's affidavit of continuing garnishment for support to the date of the initial garnishee answer. All sums in excess of such payment shall be applied to the original arrearage. As used in this subsection, the term “ original arrearage ” means the sum of arrears existing as of the date of the making of the plaintiff's affidavit of continuing garnishment for support, plus any amounts includable pursuant to subsection (c) of this Code section.

(a) The money paid into court with the initial garnishee answer, after deduction for costs, shall be first applied to the support payment required to be paid on a periodic basis that has accrued on a daily basis, by converting the periodic amount to an annual amount and dividing by 365, from the date of the plaintiff's affidavit of continuing garnishment for support to the date of the initial garnishee answer. All sums in excess of such payment shall be applied to the original arrearage. As used in this subsection, the term “ original arrearage ” means the sum of arrears existing as of the date of the making of the plaintiff's affidavit of continuing garnishment for support, plus any amounts includable pursuant to subsection (c) of this Code section.

(b) If the amount claimed as original arrearage as of the date of the making of the plaintiff's affidavit of continuing garnishment for support is not satisfied by the money payable into court under the initial garnishee answer, after application of the funds as set forth in subsection (a) of this Code section, the garnishee shall file further garnishee answers no later than 45 days after the previous garnishee answer date, stating the earnings accrued and the basis of their accrual and tendering such money accruing in such period. The amounts paid into court pursuant to subsequent garnishee answers, over and above the periodic payment accruing within such period, shall be applied to the original arrearage until the same is retired.

(b) If the amount claimed as original arrearage as of the date of the making of the plaintiff's affidavit of continuing garnishment for support is not satisfied by the money payable into court under the initial garnishee answer, after application of the funds as set forth in subsection (a) of this Code section, the garnishee shall file further garnishee answers no later than 45 days after the previous garnishee answer date, stating the earnings accrued and the basis of their accrual and tendering such money accruing in such period. The amounts paid into court pursuant to subsequent garnishee answers, over and above the periodic payment accruing within such period, shall be applied to the original arrearage until the same is retired.

(c) If the money paid into court pursuant to any garnishee answer is less than the sums due under the support requirement accruing over the same period of time, after allowance for any costs deductible from same, the resulting difference shall be added to the amount due as original arrearage until the same is retired by subsequent payments.

(c) If the money paid into court pursuant to any garnishee answer is less than the sums due under the support requirement accruing over the same period of time, after allowance for any costs deductible from same, the resulting difference shall be added to the amount due as original arrearage until the same is retired by subsequent payments.

(d) The garnishee shall file additional garnishee answers until the original arrearage is retired and all support payments are current.

(d) The garnishee shall file additional garnishee answers until the original arrearage is retired and all support payments are current.

(e) Upon the termination of employment of or periodic obligations for payment to the defendant by the garnishee, the garnishee shall be required to file a final garnishee answer stating the date of the defendant's termination. After any two preceding, timely garnishee answers filed at least 30 days apart advise that no payments are owed the defendant, the garnishee may elect to file a final garnishee answer, identified as such; provided, however, that such garnishee's answer shall be filed not later than 45 days after service of the summons of continuing garnishment or 45 days after the previous garnishee answer date, whichever is later.

(e) Upon the termination of employment of or periodic obligations for payment to the defendant by the garnishee, the garnishee shall be required to file a final garnishee answer stating the date of the defendant's termination. After any two preceding, timely garnishee answers filed at least 30 days apart advise that no payments are owed the defendant, the garnishee may elect to file a final garnishee answer, identified as such; provided, however, that such garnishee's answer shall be filed not later than 45 days after service of the summons of continuing garnishment or 45 days after the previous garnishee answer date, whichever is later.
O.C.G.A. § 18-4-11 — GA Code / Title 18 / Chapter 4 / Section 18-4-11
Georgia Code Title 18. Debtor and Creditor § 18-4-11
Status: in_force

(a) 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 have been satisfied, the specified amounts of money in each answer shall, instead, be paid directly to the plaintiff.

(a) 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 have been satisfied, the specified amounts of money in each answer shall, instead, be paid directly to the plaintiff.

(b) If in responding to the summons of garnishment the garnishee shall state that the property of the defendant includes property in a safe-deposit box or similar property, the garnishee shall respond to the court issuing the summons of garnishment as to the existence of such safe-deposit box and shall restrict access to any contents of such safe-deposit box until the earlier of: (1) Further order of such court regarding the disposition of the contents of such safe-deposit box; or (2) The elapsing of 120 days from the date of filing of the garnishee answer unless such time has been extended by the court.

(b) If in responding to the summons of garnishment the garnishee shall state that the property of the defendant includes property in a safe-deposit box or similar property, the garnishee shall respond to the court issuing the summons of garnishment as to the existence of such safe-deposit box and shall restrict access to any contents of such safe-deposit box until the earlier of:

(1) Further order of such court regarding the disposition of the contents of such safe-deposit box; or

(1) Further order of such court regarding the disposition of the contents of such safe-deposit box; or

(2) The elapsing of 120 days from the date of filing of the garnishee answer unless such time has been extended by the court.

(2) The elapsing of 120 days from the date of filing of the garnishee answer unless such time has been extended by the court.

(c) If the garnishee has been served with a summons in more than one garnishment case involving the same defendant, the garnishee shall state in each garnishee answer that the money or other property is being paid or delivered to a specifically named court subject to the demands of other cases and shall give the numbers of all such cases in each garnishee answer.

(c) If the garnishee has been served with a summons in more than one garnishment case involving the same defendant, the garnishee shall state in each garnishee answer that the money or other property is being paid or delivered to a specifically named court subject to the demands of other cases and shall give the numbers of all such cases in each garnishee answer.

(d) If the garnishee is unable to respond with the specific information required by this Code section, the garnishee's inability shall be stated in the garnishee's answer, together with all the facts plainly, fully, and distinctly set forth, so as to enable the court to give judgment thereon.

(d) If the garnishee is unable to respond with the specific information required by this Code section, the garnishee's inability shall be stated in the garnishee's answer, together with all the facts plainly, fully, and distinctly set forth, so as to enable the court to give judgment thereon.

(e) The form for a garnishee answer is set forth in Code Section 18-4-84 , and the form for a financial institution garnishee answer is set forth in Code Section 18-4-85 .

(e) The form for a garnishee answer is set forth in Code Section 18-4-84 , and the form for a financial institution garnishee answer is set forth in Code Section 18-4-85 .

(f) A garnishee may elect to file, and a court shall not reject, a physical answer or answers of garnishment even in courts otherwise subject to electronic filing requirements.

(f) A garnishee may elect to file, and a court shall not reject, a physical answer or answers of garnishment even in courts otherwise subject to electronic filing requirements.
O.C.G.A. § 18-3-33 — GA Code / Title 18 / Chapter 3 / Section 18-3-33
Georgia Code Title 18. Debtor and Creditor § 18-3-33
Status: in_force

(a) When an attachment has been levied upon the property of a defendant, it shall be the duty of the officer levying the attachment to deliver the property levied upon to the defendant upon his giving bond, with good security, payable to the plaintiff in attachment, obligating himself to pay the plaintiff the amount of the judgment and costs that he may recover in the case.

(a) When an attachment has been levied upon the property of a defendant, it shall be the duty of the officer levying the attachment to deliver the property levied upon to the defendant upon his giving bond, with good security, payable to the plaintiff in attachment, obligating himself to pay the plaintiff the amount of the judgment and costs that he may recover in the case.

(b) Where the value of the property levied upon, as appraised by the levying officer, is equal to or exceeds the claim of the plaintiff, the bond shall be fixed in an amount equal to the amount claimed to be due. Where the value of the property levied upon, as appraised by the levying officer, is less than the claim of the plaintiff, the bond shall be fixed in an amount equal to twice the value of the property levied upon.

(b) Where the value of the property levied upon, as appraised by the levying officer, is equal to or exceeds the claim of the plaintiff, the bond shall be fixed in an amount equal to the amount claimed to be due. Where the value of the property levied upon, as appraised by the levying officer, is less than the claim of the plaintiff, the bond shall be fixed in an amount equal to twice the value of the property levied upon.

(c) The officer taking the bond shall return the bond with the attachment to the court to which the attachment is returnable, and the plaintiff shall be entitled to entry of judgment against the defendant and his sureties upon the bond for the amount of the judgment and costs entered against the defendant in the case.

(c) The officer taking the bond shall return the bond with the attachment to the court to which the attachment is returnable, and the plaintiff shall be entitled to entry of judgment against the defendant and his sureties upon the bond for the amount of the judgment and costs entered against the defendant in the case.
O.C.G.A. § 18-4-41 — GA Code / Title 18 / Chapter 4 / Section 18-4-41
Georgia Code Title 18. Debtor and Creditor § 18-4-41
Status: in_force

(a) In addition to the information required by subsection (a) of Code Section 18-4-3 , an affidavit of continuing garnishment shall state that the plaintiff believes that the garnishee is or may be an employer of or under periodic obligations for payment to the defendant and subject to continuing garnishment.

(a) In addition to the information required by subsection (a) of Code Section 18-4-3 , an affidavit of continuing garnishment shall state that the plaintiff believes that the garnishee is or may be an employer of or under periodic obligations for payment to the defendant and subject to continuing garnishment.

(b) Only one summons of continuing garnishment shall issue on one affidavit of continuing garnishment.

(b) Only one summons of continuing garnishment shall issue on one affidavit of continuing garnishment.

(c) The plaintiff shall serve a summons of continuing garnishment and provide notice of exemptions in the same manner as provided for in Code Section 18-4-8 .

(c) The plaintiff shall serve a summons of continuing garnishment and provide notice of exemptions in the same manner as provided for in Code Section 18-4-8 .

(d) The form for an affidavit of continuing garnishment is set forth in Code Section 18-4-72 . The form for a summons of continuing garnishment is set forth in Code Section 18-4-78 , and the optional attachment thereto is set forth in Code Section 18-4-79 .

(d) The form for an affidavit of continuing garnishment is set forth in Code Section 18-4-72 . The form for a summons of continuing garnishment is set forth in Code Section 18-4-78 , and the optional attachment thereto is set forth in Code Section 18-4-79 .
O.C.G.A. § 18-2-72 — GA Code / Title 18 / Chapter 2 / Section 18-2-72
Georgia Code Title 18. Debtor and Creditor § 18-2-72
Status: in_force

(a) A debtor is insolvent if, at a fair valuation, the sum of the debtor's debts is greater than the sum of the debtor's assets.

(a) A debtor is insolvent if, at a fair valuation, the sum of the debtor's debts is greater than the sum of the debtor's assets.

(b) A debtor who is generally not paying his or her debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent. The presumption imposes on the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence.

(b) A debtor who is generally not paying his or her debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent. The presumption imposes on the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence.

(c) Assets under this Code section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this article.

(c) Assets under this Code section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this article.

(d) Debts under this Code section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.

(d) Debts under this Code section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.
O.C.G.A. § 18-4-87 — GA Code / Title 18 / Chapter 4 / Section 18-4-87
Georgia Code Title 18. Debtor and Creditor § 18-4-87
Status: in_force

“IN THE COURT OF

COUNTY STATE OF GEORGIA

)

_______________________________________________

)

Plaintiff

)

)

v.

)

Civil Action File No.

)

_______________________________________________

_______________________________________________

)

Defendant

)

)

_______________________________________________

)

Garnishee

)

PLAINTIFF'S TRAVERSE

Now comes the Plaintiff in the above-styled case and traverses the Garnishee Answer or Motion to Modify Default Judgment by saying the same is untrue or legally insufficient. The Plaintiff further states:

.

______________________________ Plaintiff or Plaintiff's Attorney

______________________________

Plaintiff or Plaintiff's Attorney

CERTIFICATE OF SERVICE

This is to certify that I have this day served the Defendant and the Garnishee in the foregoing matter with a copy of this pleading by depositing it in the United States mail in a properly addressed envelope with adequate postage thereon.

This ______________ day of ________________, 20__.

__________________________________ Plaintiff or Plaintiff's Attorney”

__________________________________

Plaintiff or Plaintiff's Attorney”
O.C.G.A. § 18-3-7 — GA Code / Title 18 / Chapter 3 / Section 18-3-7
Georgia Code Title 18. Debtor and Creditor § 18-3-7
Status: in_force

Attachments may issue against nonresident corporations transacting business within the state under the same rules and regulations as are prescribed in relation to issuing attachments and garnishments in other cases.
O.C.G.A. § 18-2-56 — GA Code / Title 18 / Chapter 2 / Section 18-2-56
Georgia Code Title 18. Debtor and Creditor § 18-2-56
Status: in_force

In all actions to set aside assignments, the assignee and assignor shall be indispensable parties; and any preferred or unpreferred creditor may be made a party plaintiff or defendant at any time in term or vacation.
O.C.G.A. § 18-3-31 — GA Code / Title 18 / Chapter 3 / Section 18-3-31
Georgia Code Title 18. Debtor and Creditor § 18-3-31
Status: in_force

In all cases it shall be the duty of the officer levying attachments to levy them in the order in which they come into his hands, and it shall be his duty to enter upon the same the year, month, day, and hour on which he made the levy. Where the levy is upon land, the attachment must be entered on the execution or attachment docket by the clerk of the superior court in order to be good against third persons acting in good faith and without actual notice.
O.C.G.A. § 18-2-79 — GA Code / Title 18 / Chapter 2 / Section 18-2-79
Georgia Code Title 18. Debtor and Creditor § 18-2-79
Status: in_force

A cause of action with respect to a fraudulent transfer or obligation under this article is extinguished unless action is brought:

(1) Under paragraph (1) of subsection (a) of Code Section 18-2-74 , within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or could reasonably have been discovered by the claimant;

(1) Under paragraph (1) of subsection (a) of Code Section 18-2-74 , within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or could reasonably have been discovered by the claimant;

(2) Under paragraph (2) of subsection (a) of Code Section 18-2-74 or subsection (a) of Code Section 18-2-75 , within four years after the transfer was made or the obligation was incurred; or

(2) Under paragraph (2) of subsection (a) of Code Section 18-2-74 or subsection (a) of Code Section 18-2-75 , within four years after the transfer was made or the obligation was incurred; or

(3) Under subsection (b) of Code Section 18-2-75 , within one year after the transfer was made or the obligation was incurred.

(3) Under subsection (b) of Code Section 18-2-75 , within one year after the transfer was made or the obligation was incurred.
O.C.G.A. § 18-3-73 — GA Code / Title 18 / Chapter 3 / Section 18-3-73
Georgia Code Title 18. Debtor and Creditor § 18-3-73
Status: in_force

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 any attachment of younger levy.
O.C.G.A. § 18-2-51 — GA Code / Title 18 / Chapter 2 / Section 18-2-51
Georgia Code Title 18. Debtor and Creditor § 18-2-51
Status: in_force

No property in this state shall pass under any assignment made by corporations, persons, or firms out of this state unless such foreign assignment shall conform to the law of assignments in this state.
O.C.G.A. § 18-4-3 — GA Code / Title 18 / Chapter 4 / Section 18-4-3
Georgia Code Title 18. Debtor and Creditor § 18-4-3
Status: in_force

(a) The plaintiff, the plaintiff's attorney, or the plaintiff's agent shall make, on personal knowledge or belief, an affidavit setting forth that the plaintiff has a judgment against a named defendant, the amount remaining due on the judgment, the name of the court which rendered the judgment, and the case number thereof.

(a) The plaintiff, the plaintiff's attorney, or the plaintiff's agent shall make, on personal knowledge or belief, an affidavit setting forth that the plaintiff has a judgment against a named defendant, the amount remaining due on the judgment, the name of the court which rendered the judgment, and the case number thereof.

(b) Upon the filing of the affidavit described in subsection (a) of this Code section with the clerk of any court having jurisdiction to preside over garnishment proceedings, such clerk shall cause a summons of garnishment to issue, provided that the plaintiff's affidavit is made before any officer authorized to administer oaths, a notary public, such clerk, or the deputy clerk of the court in which the garnishment is filed.

(b) Upon the filing of the affidavit described in subsection (a) of this Code section with the clerk of any court having jurisdiction to preside over garnishment proceedings, such clerk shall cause a summons of garnishment to issue, provided that the plaintiff's affidavit is made before any officer authorized to administer oaths, a notary public, such clerk, or the deputy clerk of the court in which the garnishment is filed.

(c) An affidavit of garnishment may be electronically submitted to the clerk or deputy clerk of the court if the court has promulgated rules authorizing such submission.

(c) An affidavit of garnishment may be electronically submitted to the clerk or deputy clerk of the court if the court has promulgated rules authorizing such submission.

(d) The form for an affidavit of garnishment is set forth in Code Section 18-4-71 .

(d) The form for an affidavit of garnishment is set forth in Code Section 18-4-71 .

(e) The amount remaining due on a judgment may include, at the election of the plaintiff, any and all unrecovered filing and service fees paid to a court of this state, or to any sheriff, marshal, constable, or other such person authorized by law to serve process, for previous garnishment actions based on such judgment.

(e) The amount remaining due on a judgment may include, at the election of the plaintiff, any and all unrecovered filing and service fees paid to a court of this state, or to any sheriff, marshal, constable, or other such person authorized by law to serve process, for previous garnishment actions based on such judgment.
O.C.G.A. § 18-4-6 — GA Code / Title 18 / Chapter 4 / Section 18-4-6
Georgia Code Title 18. Debtor and Creditor § 18-4-6
Status: repealed

(a)(1) Certain earnings or property of the defendant may be exempt from the process of garnishment. (2) Funds or benefits from an individual retirement account or from a pension or retirement program shall be exempt from the process of garnishment until paid or otherwise distributed to a member of such program or beneficiary thereof. Such funds or benefits, when paid or otherwise distributed to such member or beneficiary, shall be exempt from the process of garnishment only to the extent of the limitations provided in Code Section 18-4-5 for other disposable earnings, unless a greater exemption is otherwise provided by law. (3) Funds in an unfunded plan maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees shall not be exempt from the process of garnishment. (4) Exempt property shall not be considered disposable earnings for purposes of Code Section 18-4-5 or subsection (b) of Code Section 18-4-53 .

(a)(1) Certain earnings or property of the defendant may be exempt from the process of garnishment.

(a)(1) Certain earnings or property of the defendant may be exempt from the process of garnishment.

(2) Funds or benefits from an individual retirement account or from a pension or retirement program shall be exempt from the process of garnishment until paid or otherwise distributed to a member of such program or beneficiary thereof. Such funds or benefits, when paid or otherwise distributed to such member or beneficiary, shall be exempt from the process of garnishment only to the extent of the limitations provided in Code Section 18-4-5 for other disposable earnings, unless a greater exemption is otherwise provided by law.

(2) Funds or benefits from an individual retirement account or from a pension or retirement program shall be exempt from the process of garnishment until paid or otherwise distributed to a member of such program or beneficiary thereof. Such funds or benefits, when paid or otherwise distributed to such member or beneficiary, shall be exempt from the process of garnishment only to the extent of the limitations provided in Code Section 18-4-5 for other disposable earnings, unless a greater exemption is otherwise provided by law.

(3) Funds in an unfunded plan maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees shall not be exempt from the process of garnishment.

(3) Funds in an unfunded plan maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees shall not be exempt from the process of garnishment.

(4) Exempt property shall not be considered disposable earnings for purposes of Code Section 18-4-5 or subsection (b) of Code Section 18-4-53 .

(4) Exempt property shall not be considered disposable earnings for purposes of Code Section 18-4-5 or subsection (b) of Code Section 18-4-53 .

(b) Not later than May 22, 2016, the Attorney General shall create and maintain on the Department of Law's website a list of exemptions that a defendant may be allowed by law to claim in relation to a garnishment of his or her earnings or property. The Attorney General shall revise such list when exemptions are repealed, revised, or created by law. The Attorney General shall transmit a copy of such list to each clerk of court in this state who issues summonses of garnishment and transmit a revised list when a change is made to such list.

(b) Not later than May 22, 2016, the Attorney General shall create and maintain on the Department of Law's website a list of exemptions that a defendant may be allowed by law to claim in relation to a garnishment of his or her earnings or property. The Attorney General shall revise such list when exemptions are repealed, revised, or created by law. The Attorney General shall transmit a copy of such list to each clerk of court in this state who issues summonses of garnishment and transmit a revised list when a change is made to such list.

(c) Each clerk of court in this state who issues summonses of garnishment shall post and update such list of exemptions as promulgated by the Attorney General and shall provide such list to individuals upon request.

(c) Each clerk of court in this state who issues summonses of garnishment shall post and update such list of exemptions as promulgated by the Attorney General and shall provide such list to individuals upon request.

(d) A defendant may claim an exemption as provided in Code Section 18-4-15 .

(d) A defendant may claim an exemption as provided in Code Section 18-4-15 .

(e) The fact that an exemption is not identified by the Attorney General shall not preclude a defendant from claiming an exemption.

(e) The fact that an exemption is not identified by the Attorney General shall not preclude a defendant from claiming an exemption.
O.C.G.A. § 18-4-76 — GA Code / Title 18 / Chapter 4 / Section 18-4-76
Georgia Code Title 18. Debtor and Creditor § 18-4-76
Status: in_force

“IN THE COURT OF

COUNTY STATE OF GEORGIA

)

)

___________________________________________________

)

Name

)

)

)

___________________________________________________

)

Name

)

___________________________________________________

)

Civil Action File No.

Street Address

)

_______________

___________________________________________________

)

City

State

ZIP Code

)

___________________________________________________

)

Email Address

)

___________________________________________________

)

Phone Number

)

___________________________________________________

)

Bar Number

)

)

v.

)

)

)

___________________________________________________

)

____________________________________________

Name

)

Street Address

___________________________________________________

)

_______________, Georgia _________________________________

Street Address

)

City

ZIP Code

___________________________________________________

)

____________________________________________

City

State

ZIP Code

)

Phone Number

)

)

___________________________________________________

)

Name

)

___________________________________________________

)

Street Address

)

___________________________________________________

)

City

State

ZIP Code

)

SUMMONS OF GARNISHMENT ON A FINANCIAL

INSTITUTION

DO NOT USE THIS FORM IF THIS IS A CONTINUING

GARNISHMENT

(SEE O.C.G.A. §§ 18-4-72 and 18-4-78 ) OR CONTINUING

GARNISHMENT FOR CHILD SUPPORT OR

ALIMONY (SEE O.C.G.A. §§ 18-4-73 and 18-4-80 ).

☐ O.C.G.A. § 18-4-23

☐ Check this box if this is a garnishment for child support or alimony.

TO THE ABOVE-NAMED GARNISHEE:

Total amount claimed due by the Plaintiff․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$______________________

Plus court costs due on this summons․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$______________________

Total garnishment claim․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$______________________

COURT OF JUDGMENT

JUDGMENT CASE NO.

YOU ARE HEREBY COMMANDED to immediately hold all money, including wages, and other property, except what is known to be exempt, including property in safe-deposit boxes or similar property that you hold, belonging to the Defendant named above beginning on the day of service of this summons and including the next five days. You are FURTHER COMMANDED to file your answer, in writing, not sooner than five days and not later than 15 days after the date you were served with this summons, with the Clerk of this Court and serve a copy of your answer upon the Plaintiff or Plaintiff's Attorney named above and the Defendant named above, or the Defendant's Attorney, if known, at the time of making such answer. Your answer shall state what money, including wages, or other property, except what is known to be exempt, belonging to the Defendant you hold beginning on the day of service of this summons and including the next five days. Money, including wages, or other property admitted in an answer to be subject to garnishment must be sent or delivered to the Court concurrently with your answer.

If, in answering this summons, you state that the property of the Defendant includes property in a safe-deposit box or similar property, you shall answer to the Court issuing this summons as to the existence of such safe-deposit box or similar property and shall restrict access to any contents of such safe-deposit box or similar property until further order of such Court regarding the disposition of such contents or 120 days from the date of filing your answer to this summons unless such time has been extended by the Court, whichever is sooner.

Should you fail to file a Garnishee Answer as required by this summons, a judgment by default will be rendered against you for the amount remaining due on the judgment as shown in the Plaintiff's Affidavit of Garnishment.

WITNESS , the Honorable ________________________, Judge of said Court.

This ____ day of ________________________________, 20______.

________________________, Clerk of Court

By: _________________________________

Deputy Clerk, ____________________ Court”
O.C.G.A. § 18-4-13 — GA Code / Title 18 / Chapter 4 / Section 18-4-13
Georgia Code Title 18. Debtor and Creditor § 18-4-13
Status: in_force

(a) 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.

(a) 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.

(b)(1) Service of the garnishee's answer upon the plaintiff shall be shown by the: (A) Written acknowledgment of the plaintiff or the plaintiff's attorney; or (B) Certificate of the garnishee or the garnishee's attorney, attached to the garnishee's answer, that a copy of the garnishee's answer was mailed to the plaintiff or the plaintiff's attorney. (2) No service upon the plaintiff shall be required unless the name and address of the plaintiff or the plaintiff's attorney shall legibly appear on the face of the summons of garnishment. (3) If the garnishee fails to serve the plaintiff, the plaintiff shall be allowed 20 days from the time the plaintiff receives actual notice of the garnishee's answer to traverse the garnishee's answer.

(b)(1) Service of the garnishee's answer upon the plaintiff shall be shown by the: (A) Written acknowledgment of the plaintiff or the plaintiff's attorney; or (B) Certificate of the garnishee or the garnishee's attorney, attached to the garnishee's answer, that a copy of the garnishee's answer was mailed to the plaintiff or the plaintiff's attorney.

(b)(1) Service of the garnishee's answer upon the plaintiff shall be shown by the:

(A) Written acknowledgment of the plaintiff or the plaintiff's attorney; or

(A) Written acknowledgment of the plaintiff or the plaintiff's attorney; or

(B) Certificate of the garnishee or the garnishee's attorney, attached to the garnishee's answer, that a copy of the garnishee's answer was mailed to the plaintiff or the plaintiff's attorney.

(B) Certificate of the garnishee or the garnishee's attorney, attached to the garnishee's answer, that a copy of the garnishee's answer was mailed to the plaintiff or the plaintiff's attorney.

(2) No service upon the plaintiff shall be required unless the name and address of the plaintiff or the plaintiff's attorney shall legibly appear on the face of the summons of garnishment.

(2) No service upon the plaintiff shall be required unless the name and address of the plaintiff or the plaintiff's attorney shall legibly appear on the face of the summons of garnishment.

(3) If the garnishee fails to serve the plaintiff, the plaintiff shall be allowed 20 days from the time the plaintiff receives actual notice of the garnishee's answer to traverse the garnishee's answer.

(3) If the garnishee fails to serve the plaintiff, the plaintiff shall be allowed 20 days from the time the plaintiff receives actual notice of the garnishee's answer to traverse the garnishee's answer.

(c)(1) Service of the garnishee's answer upon the defendant shall be shown by the: (A) Written acknowledgment of the defendant or the defendant's attorney; or (B) Certificate of the garnishee or the garnishee's attorney, attached to the garnishee's answer, that a copy of the garnishee's answer was mailed to the: (i) Defendant's attorney; or (ii) Defendant at the last address known to the garnishee. (2) No service upon the defendant shall be required by a financial institution garnishee if the defendant does not have an active account with and is not the owner of any money or other property in the possession of such financial institution.

(c)(1) Service of the garnishee's answer upon the defendant shall be shown by the: (A) Written acknowledgment of the defendant or the defendant's attorney; or (B) Certificate of the garnishee or the garnishee's attorney, attached to the garnishee's answer, that a copy of the garnishee's answer was mailed to the: (i) Defendant's attorney; or (ii) Defendant at the last address known to the garnishee.

(c)(1) Service of the garnishee's answer upon the defendant shall be shown by the:

(A) Written acknowledgment of the defendant or the defendant's attorney; or

(A) Written acknowledgment of the defendant or the defendant's attorney; or

(B) Certificate of the garnishee or the garnishee's attorney, attached to the garnishee's answer, that a copy of the garnishee's answer was mailed to the: (i) Defendant's attorney; or (ii) Defendant at the last address known to the garnishee.

(B) Certificate of the garnishee or the garnishee's attorney, attached to the garnishee's answer, that a copy of the garnishee's answer was mailed to the:

(i) Defendant's attorney; or

(i) Defendant's attorney; or

(ii) Defendant at the last address known to the garnishee.

(ii) Defendant at the last address known to the garnishee.

(2) No service upon the defendant shall be required by a financial institution garnishee if the defendant does not have an active account with and is not the owner of any money or other property in the possession of such financial institution.

(2) No service upon the defendant shall be required by a financial institution garnishee if the defendant does not have an active account with and is not the owner of any money or other property in the possession of such financial institution.

(d) The garnishee shall provide the defendant, by regular mail at the defendant's last address known to the garnishee, with the Notice to Defendant of Right Against Garnishment of Money, Including Wages, and Other Property and the Defendant's Claim Form that it received from the plaintiff as set forth in subsection (a) of Code Section 18-4-8 .

(d) The garnishee shall provide the defendant, by regular mail at the defendant's last address known to the garnishee, with the Notice to Defendant of Right Against Garnishment of Money, Including Wages, and Other Property and the Defendant's Claim Form that it received from the plaintiff as set forth in subsection (a) of Code Section 18-4-8 .
O.C.G.A. § 18-3-10 — GA Code / Title 18 / Chapter 3 / Section 18-3-10
Georgia Code Title 18. Debtor and Creditor § 18-3-10
Status: in_force

No writ of attachment shall issue unless accompanied by a bond with good security, conditioned to pay the defendant all costs and damages that he may sustain in consequence of the issuance of the writ of attachment in the event that the amount claimed to be due was not due, that no lawful ground for issuance of the attachment existed, or that the property sought to be attached was not subject to attachment. The bond shall be in a sum equal to twice the amount claimed due in the plaintiff's application. The bond shall be presented to the clerk of the court where the application provided for in Code Section 18-3-9 is sought to be filed for approval by such clerk prior to filing of the writ of attachment.
O.C.G.A. § 18-3-4 — GA Code / Title 18 / Chapter 3 / Section 18-3-4
Georgia Code Title 18. Debtor and Creditor § 18-3-4
Status: in_force

In all cases where the plaintiff has commenced an action for the recovery of a debt and the defendant, during the pendency of such action, shall become subject to attachment, the plaintiff may have an attachment against the defendant; and all the proceedings in relation to the same shall be as prescribed in relation to attachments where no action is pending. A satisfaction of the judgment in the common-law action shall satisfy the judgment in attachment, and a satisfaction of the judgment in attachment shall satisfy the judgment in the common-law action.
O.C.G.A. § 18-4-22 — GA Code / Title 18 / Chapter 4 / Section 18-4-22
Georgia Code Title 18. Debtor and Creditor § 18-4-22
Status: in_force

When a garnishee is a financial institution and fails or refuses to file a garnishee answer by the fifteenth day after the date of service of the summons of garnishment, such garnishee shall automatically be in default. The default may be opened as a matter of right by the filing of a garnishee answer within 15 days of the day of default and payment of costs. If the case is still in default after the expiration of the period of 15 days, judgment by default may be entered at any time thereafter against such garnishee for the amount remaining due on the judgment obtained against the defendant as shown in the plaintiff's affidavit of garnishment.
O.C.G.A. § 18-4-9 — GA Code / Title 18 / Chapter 4 / Section 18-4-9
Georgia Code Title 18. Debtor and Creditor § 18-4-9
Status: in_force

(a) Summonses of garnishment may issue from time to time until the judgment is paid or the garnishment proceeding is otherwise terminated.

(a) Summonses of garnishment may issue from time to time until the judgment is paid or the garnishment proceeding is otherwise terminated.

(b) 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 of such affidavit. After two years from such original filing date and provided that no unadjudicated claims, traverses, appeals, motions, or other pleadings remain before the court, the garnishment proceeding, other than a continuing garnishment or continuing garnishment for support, based on such affidavit shall automatically stand dismissed unless there are funds remaining in the registry of the court or a new summons of garnishment has been issued in the preceding 30 days. In the event funds remain in the registry at such time and the plaintiff has filed its certificate of compliance pursuant to subparagraph (b)(3)(A) of Code Section 18-4-8 and has made its application for disbursement, all such funds will be deemed abandoned by the defendant and disbursed to the plaintiff, notwithstanding any other provision of this Code section.

(b) 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 of such affidavit. After two years from such original filing date and provided that no unadjudicated claims, traverses, appeals, motions, or other pleadings remain before the court, the garnishment proceeding, other than a continuing garnishment or continuing garnishment for support, based on such affidavit shall automatically stand dismissed unless there are funds remaining in the registry of the court or a new summons of garnishment has been issued in the preceding 30 days. In the event funds remain in the registry at such time and the plaintiff has filed its certificate of compliance pursuant to subparagraph (b)(3)(A) of Code Section 18-4-8 and has made its application for disbursement, all such funds will be deemed abandoned by the defendant and disbursed to the plaintiff, notwithstanding any other provision of this Code section.
O.C.G.A. § 18-3-6 — GA Code / Title 18 / Chapter 3 / Section 18-3-6
Georgia Code Title 18. Debtor and Creditor § 18-3-6
Status: in_force

In cases of joint contractors and partners, where any one of them shall render himself liable to attachment according to law, an attachment may issue against him, upon the plaintiff, his agent, or his attorney at law complying with this article. The proceeding against such joint contractor or partner shall be in all respects as in other cases of attachment, except that such attachment shall be levied only upon the separate property of such joint contractor or partner.
O.C.G.A. § 18-2-48 — GA Code / Title 18 / Chapter 2 / Section 18-2-48
Georgia Code Title 18. Debtor and Creditor § 18-2-48
Status: in_force

The list referred to in Code Section 18-2-47 shall remain on file for ten days in the clerk of the court's office in the county in which the assignment was filed, subject to examination by any interested person.
O.C.G.A. § 18-4-18 — GA Code / Title 18 / Chapter 4 / Section 18-4-18
Georgia Code Title 18. Debtor and Creditor § 18-4-18
Status: in_force

When money or other property in court is subject to a third-party claim or to more than one garnishment case, the party with the oldest entered judgment shall have priority to such money or other property and any interested party to any one of the garnishment cases may make a motion to the court where such money or other property has been deposited for the distribution of such money or other property. Each party of interest in each case and the clerk of court shall be served with a copy of the motion. Upon hearing the motion, the court shall enter an order directing that the clerk be paid the court cost of each garnishment proceeding first, and all remaining money or other property shall be distributed in accordance with the laws governing the relative priority of claims, judgments, and liens.
O.C.G.A. § 18-2-81 — GA Code / Title 18 / Chapter 2 / Section 18-2-81
Georgia Code Title 18. Debtor and Creditor § 18-2-81
Status: in_force

(a) As used in this Code section, the term: (1) “ Protected series ” means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in paragraph (2) of this subsection. (2) “ Series organization ” means an organization that, pursuant to the law under which it is organized, has the following characteristics: (A) The organic record of the organization provides for creation by the organization of one or more protected series, however denominated, with respect to specified property of the organization, and for records to be maintained for each protected series that identify the property of or associated with the protected series; (B) Debt incurred or existing with respect to the activities of, or property of or associated with, a particular protected series is enforceable against the property of or associated with the protected series only, and not against the property of or associated with the organization or other protected series of the organization; or (C) Debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a protected series of the organization.

(a) As used in this Code section, the term:

(1) “ Protected series ” means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in paragraph (2) of this subsection.

(1) “ Protected series ” means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in paragraph (2) of this subsection.

(2) “ Series organization ” means an organization that, pursuant to the law under which it is organized, has the following characteristics: (A) The organic record of the organization provides for creation by the organization of one or more protected series, however denominated, with respect to specified property of the organization, and for records to be maintained for each protected series that identify the property of or associated with the protected series; (B) Debt incurred or existing with respect to the activities of, or property of or associated with, a particular protected series is enforceable against the property of or associated with the protected series only, and not against the property of or associated with the organization or other protected series of the organization; or (C) Debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a protected series of the organization.

(2) “ Series organization ” means an organization that, pursuant to the law under which it is organized, has the following characteristics:

(A) The organic record of the organization provides for creation by the organization of one or more protected series, however denominated, with respect to specified property of the organization, and for records to be maintained for each protected series that identify the property of or associated with the protected series;

(A) The organic record of the organization provides for creation by the organization of one or more protected series, however denominated, with respect to specified property of the organization, and for records to be maintained for each protected series that identify the property of or associated with the protected series;

(B) Debt incurred or existing with respect to the activities of, or property of or associated with, a particular protected series is enforceable against the property of or associated with the protected series only, and not against the property of or associated with the organization or other protected series of the organization; or

(B) Debt incurred or existing with respect to the activities of, or property of or associated with, a particular protected series is enforceable against the property of or associated with the protected series only, and not against the property of or associated with the organization or other protected series of the organization; or

(C) Debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a protected series of the organization.

(C) Debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a protected series of the organization.

(b) A series organization and each protected series of the organization is a separate person for purposes of this article, even if for other purposes a protected series is not a person separate from the organization or other protected series of the organization.

(b) A series organization and each protected series of the organization is a separate person for purposes of this article, even if for other purposes a protected series is not a person separate from the organization or other protected series of the organization.
O.C.G.A. § 18-4-42 — GA Code / Title 18 / Chapter 4 / Section 18-4-42
Georgia Code Title 18. Debtor and Creditor § 18-4-42
Status: in_force

(a) As used in this Code section, the term “ previous garnishee answer date ” means the date upon which the immediately preceding garnishee answer was filed.

(a) As used in this Code section, the term “ previous garnishee answer date ” means the date upon which the immediately preceding garnishee answer was filed.

(b) If the garnishee owes the defendant any sum for wages earned as the garnishee's employee or any sum for goods or services periodically provided to the garnishee, the garnishee answer shall state specifically when the sum was earned by the defendant, whether the sum was earned on a daily, weekly, or monthly basis, any rate of pay and hours worked, and the basis for computation of earnings.

(b) If the garnishee owes the defendant any sum for wages earned as the garnishee's employee or any sum for goods or services periodically provided to the garnishee, the garnishee answer shall state specifically when the sum was earned by the defendant, whether the sum was earned on a daily, weekly, or monthly basis, any rate of pay and hours worked, and the basis for computation of earnings.

(c) The summons of continuing garnishment shall be directed to the garnishee, commanding and obligating the garnishee: (1) To file a first garnishee answer with the court issuing such summons not sooner than 30 days and not later than 45 days after service of the summons of continuing garnishment, for the period of time from the date of service through and including the day of the first garnishee answer; (2) To file subsequent garnishee answers with such court for the remaining period covered by the summons of continuing garnishment; and (3) To send any money subject to continuing garnishment concurrently with each garnishee answer.

(c) The summons of continuing garnishment shall be directed to the garnishee, commanding and obligating the garnishee:

(1) To file a first garnishee answer with the court issuing such summons not sooner than 30 days and not later than 45 days after service of the summons of continuing garnishment, for the period of time from the date of service through and including the day of the first garnishee answer;

(1) To file a first garnishee answer with the court issuing such summons not sooner than 30 days and not later than 45 days after service of the summons of continuing garnishment, for the period of time from the date of service through and including the day of the first garnishee answer;

(2) To file subsequent garnishee answers with such court for the remaining period covered by the summons of continuing garnishment; and

(2) To file subsequent garnishee answers with such court for the remaining period covered by the summons of continuing garnishment; and

(3) To send any money subject to continuing garnishment concurrently with each garnishee answer.

(3) To send any money subject to continuing garnishment concurrently with each garnishee answer.

(d) Subsequent garnishee answers shall be filed not later than 45 days after the previous garnishee answer date stating what money of the defendant is subject to continuing garnishment from the previous garnishee answer date through and including the date on which the next garnishee answer is filed.

(d) Subsequent garnishee answers shall be filed not later than 45 days after the previous garnishee answer date stating what money of the defendant is subject to continuing garnishment from the previous garnishee answer date through and including the date on which the next garnishee answer is filed.

(e) The summons of continuing 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 continuing garnishment.

(e) The summons of continuing 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 continuing garnishment.

(f)(1) If the employment relationship or obligation for periodic payment between the garnishee and the defendant does not exist at the time of service of the summons of continuing garnishment, the garnishee shall state in the garnishee answer that such relationship does not exist and may immediately file the garnishee's answer; provided, however, that such garnishee's answer shall be filed not later than 45 days after service of the summons of continuing garnishment. (2) If the employment relationship or obligation for periodic payment between the garnishee and the defendant terminates on or after service of the summons of continuing garnishment, the garnishee shall state in the garnishee answer that such relationship has been terminated, giving the date of termination, and may immediately file the garnishee's answer; provided, however, that such garnishee's answer shall be filed not later than 45 days after service of the summons of continuing garnishment or 45 days after the previous garnishee answer date, whichever is later. (3) If, on or after service of the summons of continuing garnishment, the most recent two preceding garnishee answers filed at least 30 days apart advise that no payments are owed the defendant, the garnishee may elect to file a final garnishee answer, identified as such; provided, however, that such garnishee's answer shall be filed not later than 45 days after service of the summons of continuing garnishment or 45 days after the previous garnishee answer date, whichever is later.

(f)(1) If the employment relationship or obligation for periodic payment between the garnishee and the defendant does not exist at the time of service of the summons of continuing garnishment, the garnishee shall state in the garnishee answer that such relationship does not exist and may immediately file the garnishee's answer; provided, however, that such garnishee's answer shall be filed not later than 45 days after service of the summons of continuing garnishment.

(f)(1) If the employment relationship or obligation for periodic payment between the garnishee and the defendant does not exist at the time of service of the summons of continuing garnishment, the garnishee shall state in the garnishee answer that such relationship does not exist and may immediately file the garnishee's answer; provided, however, that such garnishee's answer shall be filed not later than 45 days after service of the summons of continuing garnishment.

(2) If the employment relationship or obligation for periodic payment between the garnishee and the defendant terminates on or after service of the summons of continuing garnishment, the garnishee shall state in the garnishee answer that such relationship has been terminated, giving the date of termination, and may immediately file the garnishee's answer; provided, however, that such garnishee's answer shall be filed not later than 45 days after service of the summons of continuing garnishment or 45 days after the previous garnishee answer date, whichever is later.

(2) If the employment relationship or obligation for periodic payment between the garnishee and the defendant terminates on or after service of the summons of continuing garnishment, the garnishee shall state in the garnishee answer that such relationship has been terminated, giving the date of termination, and may immediately file the garnishee's answer; provided, however, that such garnishee's answer shall be filed not later than 45 days after service of the summons of continuing garnishment or 45 days after the previous garnishee answer date, whichever is later.

(3) If, on or after service of the summons of continuing garnishment, the most recent two preceding garnishee answers filed at least 30 days apart advise that no payments are owed the defendant, the garnishee may elect to file a final garnishee answer, identified as such; provided, however, that such garnishee's answer shall be filed not later than 45 days after service of the summons of continuing garnishment or 45 days after the previous garnishee answer date, whichever is later.

(3) If, on or after service of the summons of continuing garnishment, the most recent two preceding garnishee answers filed at least 30 days apart advise that no payments are owed the defendant, the garnishee may elect to file a final garnishee answer, identified as such; provided, however, that such garnishee's answer shall be filed not later than 45 days after service of the summons of continuing garnishment or 45 days after the previous garnishee answer date, whichever is later.

(g) When a garnishee answer is made pursuant to subsection (f) of this Code section, no claim has been filed, and no traverse has been filed within 20 days after such garnishee answer is served on the plaintiff, the garnishee shall be discharged from further liability and obligation in the same manner as set forth under Code Section 18-4-20 for that summons with respect to the period of continuing garnishment remaining after the employment or periodic payment relationship is terminated, or a final garnishee answer is filed.

(g) When a garnishee answer is made pursuant to subsection (f) of this Code section, no claim has been filed, and no traverse has been filed within 20 days after such garnishee answer is served on the plaintiff, the garnishee shall be discharged from further liability and obligation in the same manner as set forth under Code Section 18-4-20 for that summons with respect to the period of continuing garnishment remaining after the employment or periodic payment relationship is terminated, or a final garnishee answer is filed.

(h) The form for a garnishee's answer to a continuing garnishment is set forth in Code Section 18-4-86 .

(h) The form for a garnishee's answer to a continuing garnishment is set forth in Code Section 18-4-86 .
O.C.G.A. § 18-4-20 — GA Code / Title 18 / Chapter 4 / Section 18-4-20
Georgia Code Title 18. Debtor and Creditor § 18-4-20
Status: in_force

(a) When no claim has been filed and no traverse has been filed within 20 days after the garnishee's answer is filed: (1) If money is paid or delivered to the court by the garnishee, the clerk of the court shall pay the money to the plaintiff or the plaintiff's attorney upon application, and the garnishee shall be automatically discharged from further liability with respect to the summons of garnishment so answered; (2) If property is delivered to the court by the garnishee, the sheriff, marshal, constable, or like officer of the court shall sell the property in the manner provided by law for the sale of property levied under an execution, and the garnishee shall be automatically discharged from further liability with respect to the summons of garnishment so answered. The proceeds of such sale shall be paid or delivered to the plaintiff or the plaintiff's attorney upon application; or (3) If money or other property admitted to be subject to the garnishment is not paid or delivered to the court, judgment shall be entered for the plaintiff and against the garnishee for such money or other property and execution shall issue on the judgment.

(a) When no claim has been filed and no traverse has been filed within 20 days after the garnishee's answer is filed:

(1) If money is paid or delivered to the court by the garnishee, the clerk of the court shall pay the money to the plaintiff or the plaintiff's attorney upon application, and the garnishee shall be automatically discharged from further liability with respect to the summons of garnishment so answered;

(1) If money is paid or delivered to the court by the garnishee, the clerk of the court shall pay the money to the plaintiff or the plaintiff's attorney upon application, and the garnishee shall be automatically discharged from further liability with respect to the summons of garnishment so answered;

(2) If property is delivered to the court by the garnishee, the sheriff, marshal, constable, or like officer of the court shall sell the property in the manner provided by law for the sale of property levied under an execution, and the garnishee shall be automatically discharged from further liability with respect to the summons of garnishment so answered. The proceeds of such sale shall be paid or delivered to the plaintiff or the plaintiff's attorney upon application; or

(2) If property is delivered to the court by the garnishee, the sheriff, marshal, constable, or like officer of the court shall sell the property in the manner provided by law for the sale of property levied under an execution, and the garnishee shall be automatically discharged from further liability with respect to the summons of garnishment so answered. The proceeds of such sale shall be paid or delivered to the plaintiff or the plaintiff's attorney upon application; or

(3) If money or other property admitted to be subject to the garnishment is not paid or delivered to the court, judgment shall be entered for the plaintiff and against the garnishee for such money or other property and execution shall issue on the judgment.

(3) If money or other property admitted to be subject to the garnishment is not paid or delivered to the court, judgment shall be entered for the plaintiff and against the garnishee for such money or other property and execution shall issue on the judgment.

(b) The application described under paragraphs (1) and (2) of subsection (a) of this Code section may be made at any time concurrent with, or following the filing of the garnishment action, and need only be made once in any such action regardless of the number of answers filed.

(b) The application described under paragraphs (1) and (2) of subsection (a) of this Code section may be made at any time concurrent with, or following the filing of the garnishment action, and need only be made once in any such action regardless of the number of answers filed.
O.C.G.A. § 18-5-5 — GA Code / Title 18 / Chapter 5 / Section 18-5-5
Georgia Code Title 18. Debtor and Creditor § 18-5-5
Status: in_force

The Attorney General shall have the authority to promulgate rules and regulations and establish procedures necessary to carry into effect, implement, and enforce the provisions of this chapter. The authority granted to the Attorney General pursuant to this Code section shall be exercised at all times in conformity with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”
O.C.G.A. § 18-4-14 — GA Code / Title 18 / Chapter 4 / Section 18-4-14
Georgia Code Title 18. Debtor and Creditor § 18-4-14
Status: in_force

(a) 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 garnishee may deduct $50.00 or 10 percent of the amount paid into court, whichever is greater, not to exceed $100.00, as reasonable attorney's fees or expenses.

(a) 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 garnishee may deduct $50.00 or 10 percent of the amount paid into court, whichever is greater, not to exceed $100.00, as reasonable attorney's fees or expenses.

(b) If the garnishee can show that the garnishee's actual attorney's fees or expenses exceed the amount provided for in subsection (a) of this Code section, the garnishee shall petition the court for a hearing at the time of filing the garnishee's answer without deducting from the amount paid into court. Upon hearing from the parties, the court may enter an order for payment of actual attorney's fees or expenses proven by the garnishee to have been incurred reasonably in preparing and filing the garnishee's answer.

(b) If the garnishee can show that the garnishee's actual attorney's fees or expenses exceed the amount provided for in subsection (a) of this Code section, the garnishee shall petition the court for a hearing at the time of filing the garnishee's answer without deducting from the amount paid into court. Upon hearing from the parties, the court may enter an order for payment of actual attorney's fees or expenses proven by the garnishee to have been incurred reasonably in preparing and filing the garnishee's answer.

(c) In the event the garnishee makes the deduction permitted in subsection (a) of this Code section but the costs are later cast upon the garnishee, the garnishee shall forthwith refund to the defendant the funds deducted; if the costs are later cast against the plaintiff, the court shall enter judgment in favor of the defendant and against the plaintiff for the amount of the deductions made by the garnishee.

(c) In the event the garnishee makes the deduction permitted in subsection (a) of this Code section but the costs are later cast upon the garnishee, the garnishee shall forthwith refund to the defendant the funds deducted; if the costs are later cast against the plaintiff, the court shall enter judgment in favor of the defendant and against the plaintiff for the amount of the deductions made by the garnishee.

(d) Nothing in this Code section shall limit the reimbursement of costs incurred by a financial institution as provided in Code Section 7-1-237 , nor interfere with, exclude, or supplant any contractual arrangement for a garnishee to reimburse itself for costs or fees of legal processing due to a garnishment.

(d) Nothing in this Code section shall limit the reimbursement of costs incurred by a financial institution as provided in Code Section 7-1-237 , nor interfere with, exclude, or supplant any contractual arrangement for a garnishee to reimburse itself for costs or fees of legal processing due to a garnishment.
O.C.G.A. § 18-4-81 — GA Code / Title 18 / Chapter 4 / Section 18-4-81
Georgia Code Title 18. Debtor and Creditor § 18-4-81
Status: in_force

“IN THE COURT OF COUNTY

STATE OF GEORGIA

)

_________________________________________________

)

Plaintiff

)

)

v.

)

Civil Action File No. ________________________

)

_________________________________________________

)

Defendant

)

)

_________________________________________________

)

Garnishee

)

ATTACHMENT FOR SUMMONS OF CONTINUING GARNISHMENT FOR SUPPORT

Other known names of the Defendant:

Current and past addresses of the Defendant:

Social security number or federal tax identification number of the Defendant:

THIS PLEADING SHALL NOT BE FILED WITH THE COURT”
O.C.G.A. § 18-2-43 — GA Code / Title 18 / Chapter 2 / Section 18-2-43
Georgia Code Title 18. Debtor and Creditor § 18-2-43
Status: in_force

In all cases the deed of assignment for the benefit of creditors shall be executed, filed, and recorded as provided for deeds in Code Section 44-2-1 .
O.C.G.A. § 18-2-84 — GA Code / Title 18 / Chapter 2 / Section 18-2-84
Georgia Code Title 18. Debtor and Creditor § 18-2-84
Status: in_force

This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but shall not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c) , or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b) .
O.C.G.A. § 18-2-53 — GA Code / Title 18 / Chapter 2 / Section 18-2-53
Georgia Code Title 18. Debtor and Creditor § 18-2-53
Status: in_force

The assignee shall proceed to carry out the duties imposed upon him by the assignment, but he shall not pay any preferred debt until after 60 days from the filing of the assignment in the clerk of the court's office in the county in which the assignment was filed.
O.C.G.A. § 18-3-71 — GA Code / Title 18 / Chapter 3 / Section 18-3-71
Georgia Code Title 18. Debtor and Creditor § 18-3-71
Status: in_force

A judgment in attachment may be set aside in a court of law upon an issue suggesting fraud or want of consideration, tendered by a judgment creditor of the defendant in attachment.
O.C.G.A. § 18-3-2 — GA Code / Title 18 / Chapter 3 / Section 18-3-2
Georgia Code Title 18. Debtor and Creditor § 18-3-2
Status: in_force

In all cases of money demands, whether arising ex contractu or ex delicto, the plaintiff shall have the right to seek attachment when the defendant places himself in such situation as will authorize a plaintiff to seek attachment.
O.C.G.A. § 18-3-12 — GA Code / Title 18 / Chapter 3 / Section 18-3-12
Georgia Code Title 18. Debtor and Creditor § 18-3-12
Status: in_force

No person shall be taken as security or surety on any attachment bond who is an attorney for the plaintiff or a nonresident, except such nonresident who is possessed of real estate in the county where the attachment issues which is the value of the amount of such bond.
O.C.G.A. § 18-2-45 — GA Code / Title 18 / Chapter 2 / Section 18-2-45
Georgia Code Title 18. Debtor and Creditor § 18-2-45
Status: in_force

Assignments referred to in Code Section 18-2-42 shall convey all books, books of account, choses in action, notes, drafts, bills, judgments, liens, and mortgages held or owned, indicating, as near as may be, the aggregate amount thereof, with a statement as to the total amounts which are considered good, doubtful, or bad.
O.C.G.A. § 18-4-15 — GA Code / Title 18 / Chapter 4 / Section 18-4-15
Georgia Code Title 18. Debtor and Creditor § 18-4-15
Status: in_force

(a) A garnishment proceeding is an action between the plaintiff and garnishee; provided, however, that at any time before a judgment is entered, an order to disburse funds is issued, or money or other property subject to garnishment is distributed by the court, whichever occurs first, the defendant may become a party to the garnishment by filing a claim with the clerk of court and may use the form set forth in Code Section 18-4-82 . A defendant's claim shall assert the basis upon which he or she claims that his or her money or other property is exempt from garnishment. Money or other property may be exempt from garnishment for a variety of reasons, including, but not limited to, the limitations on garnishment as provided in Code Sections 18-4-5 and 18-4-53 , exemptions as provided in Code Section 18-4-6 , the plaintiff not having a judgment against the defendant, the amount claimed due by the plaintiff being erroneous, such money or other property being subject to a claim held by a third party that is superior to the judgment described in the affidavit of garnishment, or other legal or statutory defenses. Even when earnings are held at a financial institution, such money may be exempt from garnishment due to the limitations on garnishment as provided in Code Sections 18-4-5 and 18-4-53 , exemptions as provided in Code Section 18-4-6 , or other reasons.

(a) A garnishment proceeding is an action between the plaintiff and garnishee; provided, however, that at any time before a judgment is entered, an order to disburse funds is issued, or money or other property subject to garnishment is distributed by the court, whichever occurs first, the defendant may become a party to the garnishment by filing a claim with the clerk of court and may use the form set forth in Code Section 18-4-82 . A defendant's claim shall assert the basis upon which he or she claims that his or her money or other property is exempt from garnishment. Money or other property may be exempt from garnishment for a variety of reasons, including, but not limited to, the limitations on garnishment as provided in Code Sections 18-4-5 and 18-4-53 , exemptions as provided in Code Section 18-4-6 , the plaintiff not having a judgment against the defendant, the amount claimed due by the plaintiff being erroneous, such money or other property being subject to a claim held by a third party that is superior to the judgment described in the affidavit of garnishment, or other legal or statutory defenses. Even when earnings are held at a financial institution, such money may be exempt from garnishment due to the limitations on garnishment as provided in Code Sections 18-4-5 and 18-4-53 , exemptions as provided in Code Section 18-4-6 , or other reasons.

(b) The defendant shall serve a copy of his or her claim upon the plaintiff and garnishee. The clerk of court shall transmit a copy of the defendant's claim to the plaintiff and garnishee. If the defendant's claim alleges that money or other property in the possession of the court may be subject to a claim held by a third party that is superior to the judgment described in the affidavit of garnishment, the defendant shall serve a copy of his or her claim upon the third party named in such claim.

(b) The defendant shall serve a copy of his or her claim upon the plaintiff and garnishee. The clerk of court shall transmit a copy of the defendant's claim to the plaintiff and garnishee. If the defendant's claim alleges that money or other property in the possession of the court may be subject to a claim held by a third party that is superior to the judgment described in the affidavit of garnishment, the defendant shall serve a copy of his or her claim upon the third party named in such claim.

(c) The defendant shall become a party to all proceedings by filing a claim pursuant to this Code section.

(c) The defendant shall become a party to all proceedings by filing a claim pursuant to this Code section.

(d) Except as provided in subsection (h) of this Code section, upon the filing of the defendant's claim, a judge of the court in which the garnishment is pending shall order a hearing to be held not more than ten days from the date the claim is filed. The form for the order for such hearing is set forth in Code Section 18-4-83 . Such hearing shall be available to the defendant as a matter of right after filing his or her claim, and no further summons of garnishment shall issue nor shall any money or other property paid or delivered to the court as subject to garnishment be disbursed until the hearing shall be held.

(d) Except as provided in subsection (h) of this Code section, upon the filing of the defendant's claim, a judge of the court in which the garnishment is pending shall order a hearing to be held not more than ten days from the date the claim is filed. The form for the order for such hearing is set forth in Code Section 18-4-83 . Such hearing shall be available to the defendant as a matter of right after filing his or her claim, and no further summons of garnishment shall issue nor shall any money or other property paid or delivered to the court as subject to garnishment be disbursed until the hearing shall be held.

(e) The validity of the judgment upon which a garnishment is based shall only be challenged in accordance with Chapter 11 of Title 9, and no such challenge shall be entertained in the garnishment case. However, when the court finds that the defendant has attacked the validity of the judgment upon which the garnishment is based in an appropriate forum, the judge may order the garnishment be stayed until the validity of the judgment has been determined in such forum.

(e) The validity of the judgment upon which a garnishment is based shall only be challenged in accordance with Chapter 11 of Title 9, and no such challenge shall be entertained in the garnishment case. However, when the court finds that the defendant has attacked the validity of the judgment upon which the garnishment is based in an appropriate forum, the judge may order the garnishment be stayed until the validity of the judgment has been determined in such forum.

(f) The filing of a claim by the defendant shall not relieve the garnishee of the duties of filing a garnishee answer, of withholding money or other property subject to garnishment, or of paying or delivering to the court any money or other property subject to garnishment.

(f) The filing of a claim by the defendant shall not relieve the garnishee of the duties of filing a garnishee answer, of withholding money or other property subject to garnishment, or of paying or delivering to the court any money or other property subject to garnishment.

(g) A party's failure to include the civil action file number on a defendant's claim shall not affect the validity of such claim.

(g) A party's failure to include the civil action file number on a defendant's claim shall not affect the validity of such claim.

(h) A court may decline to order a hearing upon, and may issue a denial of, any defendant's claim which is filed after the dismissal of a garnishment action against such defendant. Except in a continuing garnishment or continuing garnishment for support, a court may decline to order a hearing upon, and may issue a denial of, any claim filed by a defendant which comes after a judgment is entered, an order to disburse funds is issued, or money or other property subject to garnishment is distributed by the court. No claim may succeed upon any basis which was already raised and adjudicated, or which was capable of being raised and adjudicated, in any claim previously made in the same garnishment action by the same defendant.

(h) A court may decline to order a hearing upon, and may issue a denial of, any defendant's claim which is filed after the dismissal of a garnishment action against such defendant. Except in a continuing garnishment or continuing garnishment for support, a court may decline to order a hearing upon, and may issue a denial of, any claim filed by a defendant which comes after a judgment is entered, an order to disburse funds is issued, or money or other property subject to garnishment is distributed by the court. No claim may succeed upon any basis which was already raised and adjudicated, or which was capable of being raised and adjudicated, in any claim previously made in the same garnishment action by the same defendant.
O.C.G.A. § 18-3-51 — GA Code / Title 18 / Chapter 3 / Section 18-3-51
Georgia Code Title 18. Debtor and Creditor § 18-3-51
Status: in_force

The claimant, his agent, or his attorney at law may give bond, with good security, payable to the levying officer, in a sum equal to double the value of the property claimed, the value to be judged by the levying officer, conditioned to deliver the property at the time and place of sale, provided the same should be found subject to the attachment; and, upon the delivery of the bond to the levying officer, it shall be his duty to deliver such property to the claimant, his agent, or his attorney at law; and it shall be the duty of the levying officer to return the bond, together with the affidavit and claim bond, to the court to which the attachment is returnable; and, when the claim is interposed by the agent or attorney at law of the claimant, the agent or attorney at law shall have power to sign the name of the claimant to the bond, who shall be bound thereby in the same manner as though he had signed it himself.
O.C.G.A. § 18-3-17 — GA Code / Title 18 / Chapter 3 / Section 18-3-17
Georgia Code Title 18. Debtor and Creditor § 18-3-17
Status: in_force

(a) Attachments shall be returnable to the court of record in which filed pursuant to subsection (a) of Code Section 18-3-9 and shall be governed by the rules of procedure and practice governing ordinary civil actions, as respects appearance day, trial term, and judgment pursuant to default, and by any and all other rules relating to procedure and practice.

(a) Attachments shall be returnable to the court of record in which filed pursuant to subsection (a) of Code Section 18-3-9 and shall be governed by the rules of procedure and practice governing ordinary civil actions, as respects appearance day, trial term, and judgment pursuant to default, and by any and all other rules relating to procedure and practice.

(b) The plaintiff shall file his declaration in attachment within 15 days after the levy of attachment and the declaration shall thereafter be governed by the rules governing ordinary civil actions as provided for in subsection (a) of this Code section. Notice of the declaration shall be given pursuant to Code Section 18-3-14 .

(b) The plaintiff shall file his declaration in attachment within 15 days after the levy of attachment and the declaration shall thereafter be governed by the rules governing ordinary civil actions as provided for in subsection (a) of this Code section. Notice of the declaration shall be given pursuant to Code Section 18-3-14 .
O.C.G.A. § 18-2-42 — GA Code / Title 18 / Chapter 2 / Section 18-2-42
Georgia Code Title 18. Debtor and Creditor § 18-2-42
Status: in_force

Persons and firms may make assignments and prefer creditors.
O.C.G.A. § 18-4-70 — GA Code / Title 18 / Chapter 4 / Section 18-4-70
Georgia Code Title 18. Debtor and Creditor § 18-4-70
Status: in_force

(a) For the purpose of this chapter, the forms contained in this article shall be required to be used; provided, however, that a party may use its own format so long as it contains all of the information in the form. A defendant may use the form provided in Code Section 18-4-82 to file a claim or may use the defendant's own pleading. When a case involves more than one plaintiff, defendant, or garnishee, or necessitates the inclusion of additional information, the form may be expanded to allow for the information pertaining to all parties and such additional information to be displayed. Each summons of garnishment issued in an action shall display in the caption the name of the garnishee on whom that summons is to be served.

(a) For the purpose of this chapter, the forms contained in this article shall be required to be used; provided, however, that a party may use its own format so long as it contains all of the information in the form. A defendant may use the form provided in Code Section 18-4-82 to file a claim or may use the defendant's own pleading. When a case involves more than one plaintiff, defendant, or garnishee, or necessitates the inclusion of additional information, the form may be expanded to allow for the information pertaining to all parties and such additional information to be displayed. Each summons of garnishment issued in an action shall display in the caption the name of the garnishee on whom that summons is to be served.

(b) The certificates of service provided within the forms in this article are included as examples. A party may modify a certificate of service in accordance with the circumstances of the case, including, but not limited to, transmission by email as provided in subsection (b) of Code Section 9-11-5 or by court rule.

(b) The certificates of service provided within the forms in this article are included as examples. A party may modify a certificate of service in accordance with the circumstances of the case, including, but not limited to, transmission by email as provided in subsection (b) of Code Section 9-11-5 or by court rule.

(c) A court may combine multiple forms.

(c) A court may combine multiple forms.
O.C.G.A. § 18-3-8 — GA Code / Title 18 / Chapter 3 / Section 18-3-8
Georgia Code Title 18. Debtor and Creditor § 18-3-8
Status: in_force

(a) In all cases where a person is surety or endorser upon an instrument of writing and the principal shall become subject to attachment according to Code Section 18-3-1 , such surety or endorser may, upon complying with this chapter, have attachment against his principal. The proceedings shall be in all respects the same as in other cases of attachment, and the money raised by the attachment shall be paid to the person holding the instrument of writing.

(a) In all cases where a person is surety or endorser upon an instrument of writing and the principal shall become subject to attachment according to Code Section 18-3-1 , such surety or endorser may, upon complying with this chapter, have attachment against his principal. The proceedings shall be in all respects the same as in other cases of attachment, and the money raised by the attachment shall be paid to the person holding the instrument of writing.

(b) If the surety or endorser has paid the debt, then the money raised upon the attachment or so much thereof as will pay the amount the surety or endorser has paid shall be paid to the surety or endorser.

(b) If the surety or endorser has paid the debt, then the money raised upon the attachment or so much thereof as will pay the amount the surety or endorser has paid shall be paid to the surety or endorser.

(c) In case the debt is not due at the time judgment is rendered against the principal, execution shall be stayed until the debt is due.

(c) In case the debt is not due at the time judgment is rendered against the principal, execution shall be stayed until the debt is due.
O.C.G.A. § 18-4-90 — GA Code / Title 18 / Chapter 4 / Section 18-4-90
Georgia Code Title 18. Debtor and Creditor § 18-4-90
Status: in_force

“IN THE COURT OF

COUNTY STATE OF GEORGIA

)

__________________________________

)

Plaintiff

)

)

v.

)

Civil Action File No.

)

__________________________________

__________________________________

)

Defendant

)

)

__________________________________

)

Garnishee

)

MODIFICATION OF CONTINUING GARNISHMENT

To: ________

Garnishee

This is to notify you that the undersigned Plaintiff and Defendant have agreed to a modification of the above-styled garnishment action. Upon receipt of service of a legible copy of this document, stamped by the garnishment court, with the signatures of both Plaintiff and Defendant affixed and fully notarized, the Summons of Garnishment served upon you in this action is superseded as follows: you are commanded instead to make the following deduction from all obligations owed to the Defendant during the remaining garnishment period of the above-styled garnishment action:

1) The sum of $ __________ per week/two weeks/month/paycheck (circle one);

1) The sum of $ __________ per week/two weeks/month/paycheck (circle one);

2) ________ % of the disposable income of Defendant; or

2) ________ % of the disposable income of Defendant; or

3) ________ % of the gross amount due the Defendant for ________ (state payment basis, e.g., invoice, monthly draw, all goods and services, etc.).

3) ________ % of the gross amount due the Defendant for ________ (state payment basis, e.g., invoice, monthly draw, all goods and services, etc.).

You are authorized and instructed to deliver such amount(s) to Plaintiff directly, by any electronic or other mechanism provided to you by Plaintiff if acceptable to you, or payable and addressed to:

______________________________(Plaintiff or attorney/firm name)

______________________________(Plaintiff or attorney street address)

______________________________(Plaintiff or attorney city, state, ZIP Code)

This Modification does not terminate the garnishment action, nor does it relieve you of the obligation to file answers of garnishment with the garnishment court and to serve such answers on the Plaintiff and Defendant within the times and in the manner prescribed by law.

This Modification is effective only upon service on you of a file-stamped copy of same.

Agreed to by:

Sign: __________

Sign: __________

Print: __________

Print: __________

Title (if any) __________

Title (if any) __________

Plaintiff

Defendant or Representative/Attorney

Executed before me by __________, this

Executed before me by __________, this

__________ day of __________,20___

__________ day of __________,20___

Notary Public/Clerk

Notary Public/Clerk”
O.C.G.A. § 18-2-55 — GA Code / Title 18 / Chapter 2 / Section 18-2-55
Georgia Code Title 18. Debtor and Creditor § 18-2-55
Status: in_force

No assignment shall be set aside except in a direct action filed for that purpose; and no creditor shall obtain any priority or preference of payment out of the assets assigned on any judgment rendered after the filing of a complaint to set aside the assignment if the assignment is set aside and decreed to be void.
O.C.G.A. § 18-3-1 — GA Code / Title 18 / Chapter 3 / Section 18-3-1
Georgia Code Title 18. Debtor and Creditor § 18-3-1
Status: in_force

Attachments may issue when the debtor:

(1) Resides out of the state;

(1) Resides out of the state;

(2) Moves or is about to move his domicile outside the limits of the county;

(2) Moves or is about to move his domicile outside the limits of the county;

(3) Absconds;

(3) Absconds;

(4) Conceals himself;

(4) Conceals himself;

(5) Resists legal arrest; or

(5) Resists legal arrest; or

(6) Is causing his property to be removed beyond the limits of the state.

(6) Is causing his property to be removed beyond the limits of the state.
O.C.G.A. § 18-2-52 — GA Code / Title 18 / Chapter 2 / Section 18-2-52
Georgia Code Title 18. Debtor and Creditor § 18-2-52
Status: in_force

Upon the request of any three of the creditors of the assignor, the assignee shall make and file a bond with surety, in a sum to be fixed by the judge of the superior court, conditioned for the faithful performance of his trust, which bond shall be made payable to the judge of the probate court of the county and his successors in office, for the benefit of all creditors of the assignor. In no case shall the bond be less than the estimated value of the property assigned.
O.C.G.A. § 18-2-73 — GA Code / Title 18 / Chapter 2 / Section 18-2-73
Georgia Code Title 18. Debtor and Creditor § 18-2-73
Status: in_force

(a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person.

(a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person.

(b) For the purposes of paragraph (2) of subsection (a) of Code Section 18-2-74 and Code Section 18-2-75 , a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.

(b) For the purposes of paragraph (2) of subsection (a) of Code Section 18-2-74 and Code Section 18-2-75 , a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.

(c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.

(c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.
O.C.G.A. § 18-2-76 — GA Code / Title 18 / Chapter 2 / Section 18-2-76
Georgia Code Title 18. Debtor and Creditor § 18-2-76
Status: in_force

For the purposes of this article:

(1) A transfer is made: (A) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and (B) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this article that is superior to the interest of the transferee;

(1) A transfer is made:

(A) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and

(A) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and

(B) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this article that is superior to the interest of the transferee;

(B) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this article that is superior to the interest of the transferee;

(2) If applicable law permits the transfer to be perfected as provided in paragraph (1) of this Code section and the transfer is not so perfected before the commencement of an action for relief under this article, the transfer is deemed made immediately before the commencement of the action;

(2) If applicable law permits the transfer to be perfected as provided in paragraph (1) of this Code section and the transfer is not so perfected before the commencement of an action for relief under this article, the transfer is deemed made immediately before the commencement of the action;

(3) If applicable law does not permit the transfer to be perfected as provided in paragraph (1) of this Code section, the transfer is made when it becomes effective between the debtor and the transferee;

(3) If applicable law does not permit the transfer to be perfected as provided in paragraph (1) of this Code section, the transfer is made when it becomes effective between the debtor and the transferee;

(4) A transfer is not made until the debtor has acquired rights in the asset transferred; and

(4) A transfer is not made until the debtor has acquired rights in the asset transferred; and

(5) An obligation is incurred: (A) If oral, when it becomes effective between the parties; or (B) If evidenced by a record, when the record signed by the obligor is delivered to or for the benefit of the obligee.

(5) An obligation is incurred:

(A) If oral, when it becomes effective between the parties; or

(A) If oral, when it becomes effective between the parties; or

(B) If evidenced by a record, when the record signed by the obligor is delivered to or for the benefit of the obligee.

(B) If evidenced by a record, when the record signed by the obligor is delivered to or for the benefit of the obligee.
O.C.G.A. § 18-2-54 — GA Code / Title 18 / Chapter 2 / Section 18-2-54
Georgia Code Title 18. Debtor and Creditor § 18-2-54
Status: in_force

The assignee shall succeed to all rights of the assignor but may attack and set aside any fraudulent conveyances or recover property conveyed by the assignor for the purpose of hindering, delaying, or defrauding creditors.
O.C.G.A. § 18-2-46 — GA Code / Title 18 / Chapter 2 / Section 18-2-46
Georgia Code Title 18. Debtor and Creditor § 18-2-46
Status: in_force

At the time of signing the deed of assignment provided for in Code Section 18-2-43 , the person or firm making an assignment or the officer acting for the corporation making an assignment shall make an affidavit which shall be annexed to such assignment, and which affidavit shall state that:

(1) The assignment conveys all property held, claimed, or owned by the assignor at the time of making the assignment;

(1) The assignment conveys all property held, claimed, or owned by the assignor at the time of making the assignment;

(2) All recitals and all estimates of totals and values therein and all list creditors are true to the best of his knowledge and belief;

(2) All recitals and all estimates of totals and values therein and all list creditors are true to the best of his knowledge and belief;

(3) The debts set out as due to the preferred creditors are bona fide just, due, and unpaid; and

(3) The debts set out as due to the preferred creditors are bona fide just, due, and unpaid; and

(4) The assignment is not made for the purpose of hindering, delaying, or defrauding creditors.

(4) The assignment is not made for the purpose of hindering, delaying, or defrauding creditors.
O.C.G.A. § 18-4-71 — GA Code / Title 18 / Chapter 4 / Section 18-4-71
Georgia Code Title 18. Debtor and Creditor § 18-4-71
Status: in_force

“IN THE COURT OF COUNTY

STATE OF GEORGIA

)

Plaintiff:

)

_________________________________________________

)

Name

)

)

Plaintiff's contact information:

)

_________________________________________________

)

Name

)

_________________________________________________

)

Civil Action File No. _____________________

Street Address

)

_________________________________________________

)

City

State

ZIP Code

)

_________________________________________________

)

E-mail Address

)

_________________________________________________

)

Phone Number

)

_________________________________________________

)

Bar Number

)

)

v.

v.

)

)

Defendant:

)

_________________________________________________

)

Name

)

_________________________________________________

)

Street Address

)

_________________________________________________

)

City

State

ZIP Code

)

)

Garnishee:

)

_________________________________________________

)

Name

)

_________________________________________________

)

Street Address

)

_________________________________________________

)

City

State

ZIP Code

)

AFFIDAVIT OF GARNISHMENT

☐ Check this box if the Garnishee is a financial institution.

☐ O.C.G.A. § 18-4-50, et seq.

Personally appeared

____________________________________________________

, who on oath says:

(Print name)

1. I am the (Plaintiff) (Attorney at Law for Plaintiff) (Agent for Plaintiff). [Circle one]

2. The Plaintiff obtained a judgment against the Defendant in Case Number____________

in the ________________________

Court of ______________________

County, __________________________,

State

State

and no agreement requires forbearance from the garnishment which is applied for currently.

3. $__________ is the balance due, which consists of the sum of $__________ Principal, $__________ Postjudgment interest, and $__________ Other (e.g., prejudgment interest, attorney's fees, costs [exclusive of the cost of this action]).

4. Upon the Affiant's personal knowledge or belief, the sum stated herein is unpaid.

This __________ day of______________________________, 20___.

___________________________________

Affiant

___________________________________

Print name of Affiant

Sworn to and subscribed before me this ________________ day

of ___________________________________, 20____.

____________________________________________

Notary Public or Deputy Clerk of Court”
O.C.G.A. § 18-2-40 — GA Code / Title 18 / Chapter 2 / Section 18-2-40
Georgia Code Title 18. Debtor and Creditor § 18-2-40
Status: reserved

A debtor may prefer one creditor over another; and to that end he may rightfully give a lien by mortgage or other legal means, sell in payment of the debt, or transfer choses in action as collateral security, where the surplus in such cases is not reserved for the debtor's own benefit.
O.C.G.A. § 18-4-16 — GA Code / Title 18 / Chapter 4 / Section 18-4-16
Georgia Code Title 18. Debtor and Creditor § 18-4-16
Status: in_force

(a) Within 20 days after the plaintiff has been served with the garnishee's answer, the plaintiff may file a traverse stating that the garnishee's answer is untrue or legally insufficient. Such statement places in issue all questions of law and fact concerning the garnishee's answer. The form for a plaintiff's traverse is set forth in Code Section 18-4-87 .

(a) Within 20 days after the plaintiff has been served with the garnishee's answer, the plaintiff may file a traverse stating that the garnishee's answer is untrue or legally insufficient. Such statement places in issue all questions of law and fact concerning the garnishee's answer. The form for a plaintiff's traverse is set forth in Code Section 18-4-87 .

(b) The plaintiff may also file a traverse within 30 days after the plaintiff has been served with a garnishee's motion to modify default judgment pursuant to Code Section 18-4-24 or 18-4-43 , stating that the motion is untrue or legally insufficient, and by doing so bears the burden of proving that the motion to modify default was not timely, that the costs to accompany such motion were not paid or were paid in an incorrect amount, or that the total of money or property identified in and paid with garnishee's motion to modify as belonging or being owed to the defendant was not correct. The timeliness of the motion to modify, the payment of costs to accompany such motion, and the amount due from garnishee as belonging or being owed to the defendant during the applicable period are the only issues for trial on a traverse pursuant to this subsection. If a garnishee's motion to modify is found to be true and legally sufficient but for payment of costs in an incorrect amount, the court shall allow the garnishee to pay the remaining unpaid cost amount within a time not less than 30 days, shall consider the motion modified accordingly, and upon such payment shall grant the modification sought in said motion.

(b) The plaintiff may also file a traverse within 30 days after the plaintiff has been served with a garnishee's motion to modify default judgment pursuant to Code Section 18-4-24 or 18-4-43 , stating that the motion is untrue or legally insufficient, and by doing so bears the burden of proving that the motion to modify default was not timely, that the costs to accompany such motion were not paid or were paid in an incorrect amount, or that the total of money or property identified in and paid with garnishee's motion to modify as belonging or being owed to the defendant was not correct. The timeliness of the motion to modify, the payment of costs to accompany such motion, and the amount due from garnishee as belonging or being owed to the defendant during the applicable period are the only issues for trial on a traverse pursuant to this subsection. If a garnishee's motion to modify is found to be true and legally sufficient but for payment of costs in an incorrect amount, the court shall allow the garnishee to pay the remaining unpaid cost amount within a time not less than 30 days, shall consider the motion modified accordingly, and upon such payment shall grant the modification sought in said motion.
O.C.G.A. § 18-4-79 — GA Code / Title 18 / Chapter 4 / Section 18-4-79
Georgia Code Title 18. Debtor and Creditor § 18-4-79
Status: in_force

“IN THE COURT OF COUNTY

STATE OF GEORGIA

)

_________________________________________________

)

Plaintiff

)

)

v.

)

Civil Action File No. ________________________

)

_________________________________________________

)

Defendant

)

)

_________________________________________________

)

Garnishee

)

ATTACHMENT FOR SUMMONS OF CONTINUING GARNISHMENT

Other known names of the Defendant:

Current and past addresses of the Defendant:

Social security number or federal tax identification number of the Defendant:

THIS PLEADING SHALL NOT BE FILED WITH THE COURT”
O.C.G.A. § 18-5-3 — GA Code / Title 18 / Chapter 5 / Section 18-5-3
Georgia Code Title 18. Debtor and Creditor § 18-5-3
Status: in_force

Nothing in this chapter shall apply to those situations involving debt adjusting incurred in the practice of law in this state. Nothing in this chapter shall apply to those persons or entities who incidentally engage in debt adjustment to adjust the indebtedness owed to said person or entity. Nothing in this chapter shall apply to the following entities or their subsidiaries: the Federal National Mortgage Association; the Federal Home Loan Mortgage Corporation; a bank, bank holding company, trust company, savings and loan association, credit union, credit card bank, or savings bank that is regulated and supervised by the Office of the Comptroller of the Currency, the Federal Reserve, the Federal Deposit Insurance Corporation, the National Credit Union Administration, or the Georgia Department of Banking and Finance; or persons as defined in Code Section 7-3-3 operating under Chapter 3 of Title 7, the “Georgia Installment Loan Act.”
O.C.G.A. § 18-2-25 — GA Code / Title 18 / Chapter 2 / Section 18-2-25
Georgia Code Title 18. Debtor and Creditor § 18-2-25
Status: in_force

If a debtor misrepresents or suppresses any material fact in the statement of his affairs either as to the amount of his property or of his indebtedness, the composition shall be void. If a debtor privately agrees to give a creditor better security or to pay a creditor more than other creditors, the contract with the others shall be void.
O.C.G.A. § 18-4-78 — GA Code / Title 18 / Chapter 4 / Section 18-4-78
Georgia Code Title 18. Debtor and Creditor § 18-4-78
Status: in_force

“IN THE COURT OF

COUNTY STATE OF GEORGIA

)

)

___________________________________________________

)

Name

)

)

)

___________________________________________________

)

Name

)

___________________________________________________

)

Civil Action File No.

Street Address

)

____________________________________________

___________________________________________________

)

City

State

ZIP Code

)

___________________________________________________

)

Email Address

)

___________________________________________________

)

Phone Number

)

___________________________________________________

)

Bar Number

)

)

v.

)

)

)

___________________________________________________

)

____________________________________________

Name

)

Street Address

___________________________________________________

)

_______________, Georgia _________________________________

Street Address

)

City

ZIP Code

___________________________________________________

)

____________________________________________

City

State

ZIP Code

)

Phone Number

)

)

___________________________________________________

)

Name

)

___________________________________________________

)

Street Address

)

___________________________________________________

)

City

State

ZIP Code

)

SUMMONS OF CONTINUING GARNISHMENT

TO THE ABOVE-NAMED GARNISHEE:

Total amount claimed due by the Plaintiff ․․․․․․․․․․․․․․․․․․․․․․

$ ______________________________

Plus court costs due on this summons․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$ ______________________________

Total garnishment claim․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$ ______________________________

COURT OF JUDGMENT

JUDGMENT CASE NO.

YOU ARE HEREBY COMMANDED to immediately hold all money, including wages, and other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant named above beginning on the day of service of this summons and including the next 1,095 days. You are FURTHER COMMANDED to file your answer, in writing, not later than 45 days from the date you were served with this summons, with the Clerk of this Court and serve a copy of your answer upon the Plaintiff or Plaintiff's Attorney named above and the Defendant named above, or the Defendant's Attorney, if known, at the time of making such answer. Your answer shall state what money, including wages, or other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant you hold or owe beginning on the day of service of this summons and between the time of such service and the time of making your first answer. Thereafter, you are required to file further answers no later than 45 days after your last answer. Every further answer shall state what money, including wages, and other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant you hold or owe at and from the time of the last answer to the time of the current answer. YOU MUST FILE ADDITIONAL ANSWERS UNTIL THE SOONER OF: THE PAYMENT OF THE BALANCE SHOWN ON THE SUMMONS OF GARNISHMENT, THE EXPIRATION OF 1,095 DAYS, OR THE TERMINATION OF ANY RELATIONSHIP BETWEEN GARNISHEE AND DEFENDANT WHICH INCLUDES PERIODIC PAYMENT OBLIGATIONS FROM GARNISHEE TO DEFENDANT. Money, including wages, or other property admitted in an answer to be subject to continuing garnishment must be sent or delivered to the Court concurrently with each answer.

Should you fail to file Garnishee Answers as required by this summons, a judgment by default will be rendered against you for the amount remaining due on a judgment as shown in the Plaintiff's Affidavit of Continuing Garnishment.

WITNESS , the Honorable ________________________, Judge of said Court.

This ____ day of ________________________________, 20______.

________________________, Clerk of Court

By: _________________________________

Deputy Clerk, ____________________ Court”
O.C.G.A. § 18-4-40 — GA Code / Title 18 / Chapter 4 / Section 18-4-40
Georgia Code Title 18. Debtor and Creditor § 18-4-40
Status: in_force

(a) In addition to garnishment proceedings otherwise available under this chapter, in all cases when a money judgment was obtained in a court of this state or a federal court or is being enforced in this state as provided in Article 5 of Chapter 12 of Title 9, the “Uniform Foreign-Country Money Judgments Recognition Act,” or Article 6 of Chapter 12 of Title 9, the “Uniform Enforcement of Foreign Judgments Law,” a plaintiff shall be entitled to the process of continuing garnishment against any garnishee who is an employer of or under periodic obligations for payment to the defendant against whom the judgment has been obtained.

(a) In addition to garnishment proceedings otherwise available under this chapter, in all cases when a money judgment was obtained in a court of this state or a federal court or is being enforced in this state as provided in Article 5 of Chapter 12 of Title 9, the “Uniform Foreign-Country Money Judgments Recognition Act,” or Article 6 of Chapter 12 of Title 9, the “Uniform Enforcement of Foreign Judgments Law,” a plaintiff shall be entitled to the process of continuing garnishment against any garnishee who is an employer of or under periodic obligations for payment to the defendant against whom the judgment has been obtained.

(b) Unless otherwise specifically provided in this article, Article 1 of this chapter shall apply to this article.

(b) Unless otherwise specifically provided in this article, Article 1 of this chapter shall apply to this article.
O.C.G.A. § 18-4-12 — GA Code / Title 18 / Chapter 4 / Section 18-4-12
Georgia Code Title 18. Debtor and Creditor § 18-4-12
Status: in_force

(a) 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 and shall not constitute the practice of law. If a claim or traverse is filed to such entity's garnishee answer in a court of record, an attorney shall be required to represent such entity in further garnishment proceedings.

(a) 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 and shall not constitute the practice of law. If a claim or traverse is filed to such entity's garnishee answer in a court of record, an attorney shall be required to represent such entity in further garnishment proceedings.

(b) An entity's payment into court of any money or other property of the defendant, or money or other property which is admitted to be subject to garnishment, 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 and shall not constitute the practice of law.

(b) An entity's payment into court of any money or other property of the defendant, or money or other property which is admitted to be subject to garnishment, 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 and shall not constitute the practice of law.
O.C.G.A. § 18-2-59 — GA Code / Title 18 / Chapter 2 / Section 18-2-59
Georgia Code Title 18. Debtor and Creditor § 18-2-59
Status: in_force

In all cases of assignments for the benefit of creditors, where the sole or surviving assignee has died or moved beyond the jurisdiction of the courts of the state, the superior courts of this state shall have full power and authority, upon the petition of two or more of the parties interested in such assignment and on such notice as the court shall direct, in a summary manner, to appoint a new assignee or assignees in the place of the deceased or nonresident assignee; and the new assignee shall have all the authority and responsibilities of the deceased or nonresident assignee; and all laws or enactments shall be as applicable and in as full force in respect to the new as to the old assignee; and the court may in its discretion require a bond and security of such assignee.
O.C.G.A. § 18-4-75 — GA Code / Title 18 / Chapter 4 / Section 18-4-75
Georgia Code Title 18. Debtor and Creditor § 18-4-75
Status: in_force

“IN THE COURT OF COUNTY

STATE OF GEORGIA

)

_________________________________________________

)

Plaintiff

)

)

v.

v.

)

Civil Action File No. ________________________

)

_________________________________________________

)

Defendant

)

)

_________________________________________________

)

Garnishee

)

ATTACHMENT FOR SUMMONS OF GARNISHMENT

Other known names of the Defendant:

Current and past addresses of the Defendant:

Social security number or federal tax identification number of the Defendant:

THIS PLEADING SHALL NOT BE FILED WITH THE COURT”
O.C.G.A. § 18-5-2 — GA Code / Title 18 / Chapter 5 / Section 18-5-2
Georgia Code Title 18. Debtor and Creditor § 18-5-2
Status: in_force

In the course of engaging in debt adjusting, it shall be unlawful for any person to accept from a debtor who resides in this state, either directly or indirectly, any charge, fee, contribution, or combination thereof in an amount in excess of 7.5 percent of the amount paid monthly by such debtor to such person for distribution to creditors of such debtor; provided, however, no provision of this chapter shall prohibit any person, in the course of engaging in debt adjusting, from imposing upon a debtor who resides in this state a reasonable and separate charge or fee for insufficient funds transactions.
O.C.G.A. § 18-3-32 — GA Code / Title 18 / Chapter 3 / Section 18-3-32
Georgia Code Title 18. Debtor and Creditor § 18-3-32
Status: in_force

When the plaintiff in attachment wishes to levy his attachment upon property in a different county from that in which the same is returnable, it shall be the duty of the judge issuing the attachment, upon the request of the plaintiff, his agent, or his attorney at law, to make out a copy or copies of the original attachment, bond, and affidavit and certify the same officially to be true copies. Upon delivery of the copies of the attachment, bond, and affidavit, as directed, to any officer of the county in which the property of the defendant is located, it shall be the duty of the officer forthwith to levy the attachment upon the property of the defendant located in that county and to return the attachment, with his actings and doings entered thereon, to the court to which the original attachment is returnable.
O.C.G.A. § 18-2-75 — GA Code / Title 18 / Chapter 2 / Section 18-2-75
Georgia Code Title 18. Debtor and Creditor § 18-2-75
Status: in_force

(a) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.

(a) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.

(b) A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.

(b) A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.

(c) If a creditor is a successor or assignee, a right of action under subsection (a) or (b) of this Code section is automatically assigned to such successor or assignee.

(c) If a creditor is a successor or assignee, a right of action under subsection (a) or (b) of this Code section is automatically assigned to such successor or assignee.

(d) Subject to subsection (b) of Code Section 18-2-72 , a creditor making a claim for relief under subsection (a) or (b) of this Code section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.

(d) Subject to subsection (b) of Code Section 18-2-72 , a creditor making a claim for relief under subsection (a) or (b) of this Code section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
O.C.G.A. § 18-4-89 — GA Code / Title 18 / Chapter 4 / Section 18-4-89
Georgia Code Title 18. Debtor and Creditor § 18-4-89
Status: in_force

“IN THE COURT OF COUNTY

STATE OF GEORGIA

)

_________________________________________________

)

Plaintiff

)

)

v.

)

Civil Action File No. ________________________

)

_________________________________________________

)

Defendant

)

)

_________________________________________________

)

Garnishee

)

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 or Summons of Continuing Garnishment pending as of this date in the above-styled case.

This release authorizes you to pay or 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 __________, 20___.

__________________________________ Clerk, __________ Court of __________ County

__________________________________

Clerk,

__________ Court of __________ County

CERTIFICATE OF SERVICE

This is to certify that I have this day served the Plaintiff or Plaintiff's Attorney, the Defendant, and the Garnishee in the foregoing matter with a copy of this pleading by depositing it in the United States Mail in a properly addressed envelope with adequate postage thereon.

This __________ day of __________, 20___.

_____________________ Deputy Clerk of Court”

_____________________

Deputy Clerk of Court”