O.C.G.A. § 18-4-43 — GA Code / Title 18 / Chapter 4 / Section 18-4-43
Georgia Code Title 18. Debtor and Creditor § 18-4-43
Status: in_force

(a) When a garnishee fails or refuses to file a garnishee answer at least once every 45 days, such garnishee shall automatically be in default. The default may be opened as provided in Code Section 18-4-21 . 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 continuing garnishment.

(a) When a garnishee fails or refuses to file a garnishee answer at least once every 45 days, such garnishee shall automatically be in default. The default may be opened as provided in Code Section 18-4-21 . 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 continuing garnishment.

(b) A garnishee may obtain relief from a default judgment upon the same conditions as provided in Code Section 18-4-24 .

(b) A garnishee may obtain relief from a default judgment upon the same conditions as provided in Code Section 18-4-24 .
O.C.G.A. § 18-2-57 — GA Code / Title 18 / Chapter 2 / Section 18-2-57
Georgia Code Title 18. Debtor and Creditor § 18-2-57
Status: in_force

When the assignment is attacked as fraudulent or void for any reason, it shall not be necessary to show fraud or collusion or notice thereof in the assignee in order to render the assignment void.
O.C.G.A. § 18-3-5 — GA Code / Title 18 / Chapter 3 / Section 18-3-5
Georgia Code Title 18. Debtor and Creditor § 18-3-5
Status: in_force

Process of attachment may issue against an administrator of an estate or the executor of the last will and testament of any deceased person, as in other cases, when the administrator or executor actually removes or is about to remove the property of the deceased person outside the limits of any county, provided that final judgment shall not be entered against such administrator or executor until after the expiration of two years from the granting of letters of administration or letters testamentary, as the case may be.
O.C.G.A. § 18-4-8 — GA Code / Title 18 / Chapter 4 / Section 18-4-8
Georgia Code Title 18. Debtor and Creditor § 18-4-8
Status: in_force

(a) The plaintiff shall serve the garnishee, as provided in Code Section 9-11-4 , or, when the garnishment is filed in a magistrate court, the plaintiff may serve the garnishee by using the constable of the magistrate court in the manner set forth in Code Section 9-11-4 , with a copy of the affidavit of garnishment, summons of garnishment, Notice to Defendant of Right Against Garnishment of Money, Including Wages, and Other Property, and Defendant's Claim Form. The plaintiff shall fill in the style of the case, except for the civil action file number, and the garnishment court information on such notice and claim form. Such notice and claim form are set forth in Code Section 18-4-82 .

(a) The plaintiff shall serve the garnishee, as provided in Code Section 9-11-4 , or, when the garnishment is filed in a magistrate court, the plaintiff may serve the garnishee by using the constable of the magistrate court in the manner set forth in Code Section 9-11-4 , with a copy of the affidavit of garnishment, summons of garnishment, Notice to Defendant of Right Against Garnishment of Money, Including Wages, and Other Property, and Defendant's Claim Form. The plaintiff shall fill in the style of the case, except for the civil action file number, and the garnishment court information on such notice and claim form. Such notice and claim form are set forth in Code Section 18-4-82 .

(b)(1) At any time after filing of an affidavit of garnishment but not more than three business days after service of the summons of garnishment on the garnishee, the plaintiff shall cause a copy of the affidavit of garnishment, a copy of the summons of garnishment, a copy of the Notice to Defendant of Right Against Garnishment of Money, Including Wages, and Other Property, and a copy of the Defendant's Claim Form as described in subsection (a) of this Code section, using one of the following methods: (A)(i) To be sent to the defendant at the defendant's last known address by: (I) Regular mail; and (II) Registered or certified mail or statutory overnight delivery. (ii) A certificate of service or any other proof of the sending of the above documents to the defendant, which may include but is not limited to copies of the envelope bearing the official notification from the United States Postal Service of the attempted or actual delivery of such registered or certified mail, the envelope bearing the official notification from a commercial firm of the attempted or actual delivery of such statutory overnight delivery, or a written notice from the United States Postal Service or a commercial firm, including but not limited to printings or reproductions from the website of the United States Postal Service or such commercial firm, of the attempted or actual delivery of such registered or certified mail or statutory overnight delivery, shall be filed with the clerk of the court in which the garnishment is pending. (iii) The defendant's actual timely notice of the garnishment or the defendant's refusal to accept or failure to claim such registered or certified mail or statutory overnight delivery addressed to such defendant shall satisfy all other requirements for service of notice in this Code section; (B)(i) To be delivered personally to the defendant by: (I) An individual who is not a party and is not younger than 18 years of age; (II) An individual who has been appointed by the court to serve process or is a permanent process server; (III) The sheriff of the county where the action is brought or where the defendant is found or by such sheriff's deputy; (IV) The marshal or sheriff of the court or by such official's deputy; (V) The constable of the magistrate court, when the garnishment is filed in a magistrate court, or by the constable's deputy; or (VI) A certified process server as provided in Code Section 9-11-4.1 . (ii) A certification by the person making the delivery shall be filed with the clerk of the court in which the garnishment is pending; or (C)(i) When the plaintiff, or plaintiff's attorney, states under oath that the defendant resides out of this state, has departed this state, or after due diligence cannot be found within this state, or has concealed his or her place of residence from the plaintiff, to be sent to the defendant by regular mail at the address at which the defendant: (I) Accepted service in the action resulting in the judgment; (II) Identified as his or her residence in any pleading in the action resulting in the judgment; or (III) Was served as shown on the return of service in the action resulting in the judgment. (ii) A certificate of such mailing shall be filed with the clerk of the court in which the garnishment is pending by the person mailing such notice. (2) The methods of notification specified in this subsection shall be cumulative and may be used in any sequence or combination. When it appears that a plaintiff has reasonably, diligently, and in good faith attempted to use one method, another method thereafter may be utilized; for the time during which the attempt was being made, the time limit shall be tolled for the subsequent method. (3) No money or other property paid or delivered to the court by the garnishee shall be distributed nor shall any judgment be rendered against the garnishee until: (A) Ten days have elapsed from the date of filing a certificate of compliance with at least one method of notification provided by this subsection; and (B) If a garnishee answer was filed: (i) Twenty days have elapsed from the filing of the garnishee's answer without a claim having been filed by any defendant or third party and without a traverse having been filed by the plaintiff; or (ii) All traverses filed prior to the twenty-first day from the filing of the garnishee's answer have been adjudicated and all claims have been adjudicated.

(b)(1) At any time after filing of an affidavit of garnishment but not more than three business days after service of the summons of garnishment on the garnishee, the plaintiff shall cause a copy of the affidavit of garnishment, a copy of the summons of garnishment, a copy of the Notice to Defendant of Right Against Garnishment of Money, Including Wages, and Other Property, and a copy of the Defendant's Claim Form as described in subsection (a) of this Code section, using one of the following methods: (A)(i) To be sent to the defendant at the defendant's last known address by: (I) Regular mail; and (II) Registered or certified mail or statutory overnight delivery. (ii) A certificate of service or any other proof of the sending of the above documents to the defendant, which may include but is not limited to copies of the envelope bearing the official notification from the United States Postal Service of the attempted or actual delivery of such registered or certified mail, the envelope bearing the official notification from a commercial firm of the attempted or actual delivery of such statutory overnight delivery, or a written notice from the United States Postal Service or a commercial firm, including but not limited to printings or reproductions from the website of the United States Postal Service or such commercial firm, of the attempted or actual delivery of such registered or certified mail or statutory overnight delivery, shall be filed with the clerk of the court in which the garnishment is pending. (iii) The defendant's actual timely notice of the garnishment or the defendant's refusal to accept or failure to claim such registered or certified mail or statutory overnight delivery addressed to such defendant shall satisfy all other requirements for service of notice in this Code section; (B)(i) To be delivered personally to the defendant by: (I) An individual who is not a party and is not younger than 18 years of age; (II) An individual who has been appointed by the court to serve process or is a permanent process server; (III) The sheriff of the county where the action is brought or where the defendant is found or by such sheriff's deputy; (IV) The marshal or sheriff of the court or by such official's deputy; (V) The constable of the magistrate court, when the garnishment is filed in a magistrate court, or by the constable's deputy; or (VI) A certified process server as provided in Code Section 9-11-4.1 . (ii) A certification by the person making the delivery shall be filed with the clerk of the court in which the garnishment is pending; or (C)(i) When the plaintiff, or plaintiff's attorney, states under oath that the defendant resides out of this state, has departed this state, or after due diligence cannot be found within this state, or has concealed his or her place of residence from the plaintiff, to be sent to the defendant by regular mail at the address at which the defendant: (I) Accepted service in the action resulting in the judgment; (II) Identified as his or her residence in any pleading in the action resulting in the judgment; or (III) Was served as shown on the return of service in the action resulting in the judgment. (ii) A certificate of such mailing shall be filed with the clerk of the court in which the garnishment is pending by the person mailing such notice.

(b)(1) At any time after filing of an affidavit of garnishment but not more than three business days after service of the summons of garnishment on the garnishee, the plaintiff shall cause a copy of the affidavit of garnishment, a copy of the summons of garnishment, a copy of the Notice to Defendant of Right Against Garnishment of Money, Including Wages, and Other Property, and a copy of the Defendant's Claim Form as described in subsection (a) of this Code section, using one of the following methods:

(A)(i) To be sent to the defendant at the defendant's last known address by: (I) Regular mail; and (II) Registered or certified mail or statutory overnight delivery. (ii) A certificate of service or any other proof of the sending of the above documents to the defendant, which may include but is not limited to copies of the envelope bearing the official notification from the United States Postal Service of the attempted or actual delivery of such registered or certified mail, the envelope bearing the official notification from a commercial firm of the attempted or actual delivery of such statutory overnight delivery, or a written notice from the United States Postal Service or a commercial firm, including but not limited to printings or reproductions from the website of the United States Postal Service or such commercial firm, of the attempted or actual delivery of such registered or certified mail or statutory overnight delivery, shall be filed with the clerk of the court in which the garnishment is pending. (iii) The defendant's actual timely notice of the garnishment or the defendant's refusal to accept or failure to claim such registered or certified mail or statutory overnight delivery addressed to such defendant shall satisfy all other requirements for service of notice in this Code section;

(A)(i) To be sent to the defendant at the defendant's last known address by: (I) Regular mail; and (II) Registered or certified mail or statutory overnight delivery.

(A)(i) To be sent to the defendant at the defendant's last known address by:

(I) Regular mail; and

(I) Regular mail; and

(II) Registered or certified mail or statutory overnight delivery.

(II) Registered or certified mail or statutory overnight delivery.

(ii) A certificate of service or any other proof of the sending of the above documents to the defendant, which may include but is not limited to copies of the envelope bearing the official notification from the United States Postal Service of the attempted or actual delivery of such registered or certified mail, the envelope bearing the official notification from a commercial firm of the attempted or actual delivery of such statutory overnight delivery, or a written notice from the United States Postal Service or a commercial firm, including but not limited to printings or reproductions from the website of the United States Postal Service or such commercial firm, of the attempted or actual delivery of such registered or certified mail or statutory overnight delivery, shall be filed with the clerk of the court in which the garnishment is pending.

(ii) A certificate of service or any other proof of the sending of the above documents to the defendant, which may include but is not limited to copies of the envelope bearing the official notification from the United States Postal Service of the attempted or actual delivery of such registered or certified mail, the envelope bearing the official notification from a commercial firm of the attempted or actual delivery of such statutory overnight delivery, or a written notice from the United States Postal Service or a commercial firm, including but not limited to printings or reproductions from the website of the United States Postal Service or such commercial firm, of the attempted or actual delivery of such registered or certified mail or statutory overnight delivery, shall be filed with the clerk of the court in which the garnishment is pending.

(iii) The defendant's actual timely notice of the garnishment or the defendant's refusal to accept or failure to claim such registered or certified mail or statutory overnight delivery addressed to such defendant shall satisfy all other requirements for service of notice in this Code section;

(iii) The defendant's actual timely notice of the garnishment or the defendant's refusal to accept or failure to claim such registered or certified mail or statutory overnight delivery addressed to such defendant shall satisfy all other requirements for service of notice in this Code section;

(B)(i) To be delivered personally to the defendant by: (I) An individual who is not a party and is not younger than 18 years of age; (II) An individual who has been appointed by the court to serve process or is a permanent process server; (III) The sheriff of the county where the action is brought or where the defendant is found or by such sheriff's deputy; (IV) The marshal or sheriff of the court or by such official's deputy; (V) The constable of the magistrate court, when the garnishment is filed in a magistrate court, or by the constable's deputy; or (VI) A certified process server as provided in Code Section 9-11-4.1 . (ii) A certification by the person making the delivery shall be filed with the clerk of the court in which the garnishment is pending; or

(B)(i) To be delivered personally to the defendant by: (I) An individual who is not a party and is not younger than 18 years of age; (II) An individual who has been appointed by the court to serve process or is a permanent process server; (III) The sheriff of the county where the action is brought or where the defendant is found or by such sheriff's deputy; (IV) The marshal or sheriff of the court or by such official's deputy; (V) The constable of the magistrate court, when the garnishment is filed in a magistrate court, or by the constable's deputy; or (VI) A certified process server as provided in Code Section 9-11-4.1 .

(B)(i) To be delivered personally to the defendant by:

(I) An individual who is not a party and is not younger than 18 years of age;

(I) An individual who is not a party and is not younger than 18 years of age;

(II) An individual who has been appointed by the court to serve process or is a permanent process server;

(II) An individual who has been appointed by the court to serve process or is a permanent process server;

(III) The sheriff of the county where the action is brought or where the defendant is found or by such sheriff's deputy;

(III) The sheriff of the county where the action is brought or where the defendant is found or by such sheriff's deputy;

(IV) The marshal or sheriff of the court or by such official's deputy;

(IV) The marshal or sheriff of the court or by such official's deputy;

(V) The constable of the magistrate court, when the garnishment is filed in a magistrate court, or by the constable's deputy; or

(V) The constable of the magistrate court, when the garnishment is filed in a magistrate court, or by the constable's deputy; or

(VI) A certified process server as provided in Code Section 9-11-4.1 .

(VI) A certified process server as provided in Code Section 9-11-4.1 .

(ii) A certification by the person making the delivery shall be filed with the clerk of the court in which the garnishment is pending; or

(ii) A certification by the person making the delivery shall be filed with the clerk of the court in which the garnishment is pending; or

(C)(i) When the plaintiff, or plaintiff's attorney, states under oath that the defendant resides out of this state, has departed this state, or after due diligence cannot be found within this state, or has concealed his or her place of residence from the plaintiff, to be sent to the defendant by regular mail at the address at which the defendant: (I) Accepted service in the action resulting in the judgment; (II) Identified as his or her residence in any pleading in the action resulting in the judgment; or (III) Was served as shown on the return of service in the action resulting in the judgment. (ii) A certificate of such mailing shall be filed with the clerk of the court in which the garnishment is pending by the person mailing such notice.

(C)(i) When the plaintiff, or plaintiff's attorney, states under oath that the defendant resides out of this state, has departed this state, or after due diligence cannot be found within this state, or has concealed his or her place of residence from the plaintiff, to be sent to the defendant by regular mail at the address at which the defendant: (I) Accepted service in the action resulting in the judgment; (II) Identified as his or her residence in any pleading in the action resulting in the judgment; or (III) Was served as shown on the return of service in the action resulting in the judgment.

(C)(i) When the plaintiff, or plaintiff's attorney, states under oath that the defendant resides out of this state, has departed this state, or after due diligence cannot be found within this state, or has concealed his or her place of residence from the plaintiff, to be sent to the defendant by regular mail at the address at which the defendant:

(I) Accepted service in the action resulting in the judgment;

(I) Accepted service in the action resulting in the judgment;

(II) Identified as his or her residence in any pleading in the action resulting in the judgment; or

(II) Identified as his or her residence in any pleading in the action resulting in the judgment; or

(III) Was served as shown on the return of service in the action resulting in the judgment.

(III) Was served as shown on the return of service in the action resulting in the judgment.

(ii) A certificate of such mailing shall be filed with the clerk of the court in which the garnishment is pending by the person mailing such notice.

(ii) A certificate of such mailing shall be filed with the clerk of the court in which the garnishment is pending by the person mailing such notice.

(2) The methods of notification specified in this subsection shall be cumulative and may be used in any sequence or combination. When it appears that a plaintiff has reasonably, diligently, and in good faith attempted to use one method, another method thereafter may be utilized; for the time during which the attempt was being made, the time limit shall be tolled for the subsequent method.

(2) The methods of notification specified in this subsection shall be cumulative and may be used in any sequence or combination. When it appears that a plaintiff has reasonably, diligently, and in good faith attempted to use one method, another method thereafter may be utilized; for the time during which the attempt was being made, the time limit shall be tolled for the subsequent method.

(3) No money or other property paid or delivered to the court by the garnishee shall be distributed nor shall any judgment be rendered against the garnishee until: (A) Ten days have elapsed from the date of filing a certificate of compliance with at least one method of notification provided by this subsection; and (B) If a garnishee answer was filed: (i) Twenty days have elapsed from the filing of the garnishee's answer without a claim having been filed by any defendant or third party and without a traverse having been filed by the plaintiff; or (ii) All traverses filed prior to the twenty-first day from the filing of the garnishee's answer have been adjudicated and all claims have been adjudicated.

(3) No money or other property paid or delivered to the court by the garnishee shall be distributed nor shall any judgment be rendered against the garnishee until:

(A) Ten days have elapsed from the date of filing a certificate of compliance with at least one method of notification provided by this subsection; and

(A) Ten days have elapsed from the date of filing a certificate of compliance with at least one method of notification provided by this subsection; and

(B) If a garnishee answer was filed: (i) Twenty days have elapsed from the filing of the garnishee's answer without a claim having been filed by any defendant or third party and without a traverse having been filed by the plaintiff; or (ii) All traverses filed prior to the twenty-first day from the filing of the garnishee's answer have been adjudicated and all claims have been adjudicated.

(B) If a garnishee answer was filed:

(i) Twenty days have elapsed from the filing of the garnishee's answer without a claim having been filed by any defendant or third party and without a traverse having been filed by the plaintiff; or

(i) Twenty days have elapsed from the filing of the garnishee's answer without a claim having been filed by any defendant or third party and without a traverse having been filed by the plaintiff; or

(ii) All traverses filed prior to the twenty-first day from the filing of the garnishee's answer have been adjudicated and all claims have been adjudicated.

(ii) All traverses filed prior to the twenty-first day from the filing of the garnishee's answer have been adjudicated and all claims have been adjudicated.
O.C.G.A. § 18-3-30 — GA Code / Title 18 / Chapter 3 / Section 18-3-30
Georgia Code Title 18. Debtor and Creditor § 18-3-30
Status: in_force

It shall be the duty of any one of the officers to whom an attachment is directed to levy the attachment upon real or personal property of the defendant which is necessary to satisfy the claim of the plaintiff and which may be found in the county of which he is an officer. It shall be the duty of any one of the officers to whom an attachment is directed, where the defendant has removed his property beyond the limits of the county in which the attachment is issued and returnable, to follow the property into any county of the state, levy the attachment upon such property of the defendant which is necessary to satisfy the claim of the plaintiff, and return the property to the county in which the attachment is returnable.
O.C.G.A. § 18-3-9 — GA Code / Title 18 / Chapter 3 / Section 18-3-9
Georgia Code Title 18. Debtor and Creditor § 18-3-9
Status: in_force

(a) When the plaintiff contends one or more of the grounds set forth in Code Section 18-3-1 exist, prior to obtaining judgment against the defendant, the plaintiff may make application to a judge of any court of record, other than the probate court, in the county of the residence of the defendant, if known, and, if not known, in the county wherein the property sought to be attached is located, for an order authorizing issuance of a writ of attachment. The application shall be made in writing, under oath, and shall set forth the specific facts that show the existence of one or more of such grounds, the basis and nature of the claim, and the amount of indebtedness claimed therein by the plaintiff.

(a) When the plaintiff contends one or more of the grounds set forth in Code Section 18-3-1 exist, prior to obtaining judgment against the defendant, the plaintiff may make application to a judge of any court of record, other than the probate court, in the county of the residence of the defendant, if known, and, if not known, in the county wherein the property sought to be attached is located, for an order authorizing issuance of a writ of attachment. The application shall be made in writing, under oath, and shall set forth the specific facts that show the existence of one or more of such grounds, the basis and nature of the claim, and the amount of indebtedness claimed therein by the plaintiff.

(b) Upon presentation of plaintiff's sworn application for a writ of attachment, it shall be the duty of the judge to inquire into the facts alleged, going beyond mere conclusions of fact alleged by the plaintiff and clearly setting forth the facts entitling the creditor to a writ of attachment as set forth in Code Section 18-3-1 . Upon consideration of the inquiry, the judge shall have the discretion to grant or deny the issuance of a writ of attachment. Any order by a judge granting the issuance of a writ of attachment shall be subject to approval of a bond by the clerk of the court, pursuant to Code Section 18-3-10 , prior to filing of the writ of attachment.

(b) Upon presentation of plaintiff's sworn application for a writ of attachment, it shall be the duty of the judge to inquire into the facts alleged, going beyond mere conclusions of fact alleged by the plaintiff and clearly setting forth the facts entitling the creditor to a writ of attachment as set forth in Code Section 18-3-1 . Upon consideration of the inquiry, the judge shall have the discretion to grant or deny the issuance of a writ of attachment. Any order by a judge granting the issuance of a writ of attachment shall be subject to approval of a bond by the clerk of the court, pursuant to Code Section 18-3-10 , prior to filing of the writ of attachment.
O.C.G.A. § 18-4-4 — GA Code / Title 18 / Chapter 4 / Section 18-4-4
Georgia Code Title 18. Debtor and Creditor § 18-4-4
Status: in_force

(a) All obligations owed by the garnishee to the defendant at the time of service of the summons of garnishment upon the garnishee and all obligations accruing from the garnishee to the defendant throughout the garnishment period shall be subject to the process of garnishment. No payment made by the garnishee to the defendant or on his or her behalf, or by any arrangement between the defendant and the garnishee, after the date of service of the summons of garnishment upon the garnishee shall defeat the lien of such garnishment.

(a) All obligations owed by the garnishee to the defendant at the time of service of the summons of garnishment upon the garnishee and all obligations accruing from the garnishee to the defendant throughout the garnishment period shall be subject to the process of garnishment. No payment made by the garnishee to the defendant or on his or her behalf, or by any arrangement between the defendant and the garnishee, after the date of service of the summons of garnishment upon the garnishee shall defeat the lien of such garnishment.

(b) All money or other property of the defendant in the possession or control of the garnishee at the time of service of the summons of garnishment upon the garnishee or coming into the possession or control of the garnishee throughout the garnishment period shall be subject to the process of garnishment, provided that, in the case of collateral securities in the hands of a creditor, such securities shall not be subject to garnishment so long as there is an amount owed, even if not then due, on the debt for which the securities were given as collateral.

(b) All money or other property of the defendant in the possession or control of the garnishee at the time of service of the summons of garnishment upon the garnishee or coming into the possession or control of the garnishee throughout the garnishment period shall be subject to the process of garnishment, provided that, in the case of collateral securities in the hands of a creditor, such securities shall not be subject to garnishment so long as there is an amount owed, even if not then due, on the debt for which the securities were given as collateral.

(c) The garnishment period shall begin on the day of service of the summons of garnishment and, for: (1) A continuing garnishment, shall include the next 1,095 days; (2) Garnishments, other than a continuing garnishment or continuing garnishment for support, served on a financial institution, shall include the next five days; (3) A continuing garnishment for support, shall remain for so long as the defendant is employed by the garnishee and shall not terminate until the original arrearage is retired; and (4) All other garnishments, shall include the next 29 days.

(c) The garnishment period shall begin on the day of service of the summons of garnishment and, for:

(1) A continuing garnishment, shall include the next 1,095 days;

(1) A continuing garnishment, shall include the next 1,095 days;

(2) Garnishments, other than a continuing garnishment or continuing garnishment for support, served on a financial institution, shall include the next five days;

(2) Garnishments, other than a continuing garnishment or continuing garnishment for support, served on a financial institution, shall include the next five days;

(3) A continuing garnishment for support, shall remain for so long as the defendant is employed by the garnishee and shall not terminate until the original arrearage is retired; and

(3) A continuing garnishment for support, shall remain for so long as the defendant is employed by the garnishee and shall not terminate until the original arrearage is retired; and

(4) All other garnishments, shall include the next 29 days.

(4) All other garnishments, shall include the next 29 days.
O.C.G.A. § 18-4-23 — GA Code / Title 18 / Chapter 4 / Section 18-4-23
Georgia Code Title 18. Debtor and Creditor § 18-4-23
Status: in_force

(a) A garnishee may be relieved from liability for failure to file a garnishee answer if the plaintiff failed to provide the information required by paragraph (2) of subsection (b) of Code Section 18-4-7 that would reasonably enable the garnishee to respond properly to the summons of garnishment and a good faith effort to locate the requested property was made by the garnishee based on the information provided by the plaintiff. In determining whether a garnishee may be relieved of liability, the court shall consider any information or circumstances, including but not limited to the accuracy and quantity of the information supplied by the plaintiff pursuant to paragraph (2) of subsection (b) of Code Section 18-4-7 , the manner in which such garnishee maintains and locates its records, the compliance by such garnishee with its own procedures, and the conformity of the record systems and procedures with reasonable commercial standards prevailing in the area in which such garnishee is located.

(a) A garnishee may be relieved from liability for failure to file a garnishee answer if the plaintiff failed to provide the information required by paragraph (2) of subsection (b) of Code Section 18-4-7 that would reasonably enable the garnishee to respond properly to the summons of garnishment and a good faith effort to locate the requested property was made by the garnishee based on the information provided by the plaintiff. In determining whether a garnishee may be relieved of liability, the court shall consider any information or circumstances, including but not limited to the accuracy and quantity of the information supplied by the plaintiff pursuant to paragraph (2) of subsection (b) of Code Section 18-4-7 , the manner in which such garnishee maintains and locates its records, the compliance by such garnishee with its own procedures, and the conformity of the record systems and procedures with reasonable commercial standards prevailing in the area in which such garnishee is located.

(b) A garnishee shall not be subject to liability to any party or nonparty to the garnishment at issue arising from the attachment of a lien or the freezing, payment, or delivery into court of money or other property reasonably believed to be that of the defendant if such attachment, freezing, payment, or delivery is reasonably required by a good faith effort to comply with the summons of garnishment or with a modification of continuing garnishment by use of the form in Code Section 18-4-90 . In determining whether such compliance by a garnishee is reasonable, the court shall consider any information or circumstances, including but not limited to the accuracy and quantity of the information supplied by the plaintiff pursuant to paragraph (2) of subsection (b) of Code Section 18-4-7 , the manner in which such garnishee maintains and locates its records, the compliance by such garnishee with its own procedures, and the conformity of the record systems and procedures with reasonable commercial standards prevailing in the area in which such garnishee is located.

(c) A plaintiff shall not be subject to liability to any party or nonparty to the garnishment at issue arising from the attachment of a lien or the freezing, payment, or delivery into court of money or other property by a garnishee where the plaintiff's summons of garnishment and any attachments thereto include identifying information reasonably believed to be that of the defendant or defendants in the judgment upon which the garnishment is based.

(c) A plaintiff shall not be subject to liability to any party or nonparty to the garnishment at issue arising from the attachment of a lien or the freezing, payment, or delivery into court of money or other property by a garnishee where the plaintiff's summons of garnishment and any attachments thereto include identifying information reasonably believed to be that of the defendant or defendants in the judgment upon which the garnishment is based.

(d) A garnishee shall not be liable to any party or nonparty to the garnishment at issue arising from the attachment of a lien or the freezing, payment, or delivery into court of money or other property where such liability is based on any allegation disputing, or subsequent determination denying, the validity of such garnishment as described in subsection (d) of Code Section 18-4-7 .

(d) A garnishee shall not be liable to any party or nonparty to the garnishment at issue arising from the attachment of a lien or the freezing, payment, or delivery into court of money or other property where such liability is based on any allegation disputing, or subsequent determination denying, the validity of such garnishment as described in subsection (d) of Code Section 18-4-7 .

(e)(1) As used in this subsection, the term: (A) “ Association account ” means any account or safe-deposit box or similar property maintained by a corporation, statutory close corporation, limited liability company, partnership, limited partnership, limited liability partnership, foundation, trust, national, state, or local government or quasi-government entity, or other incorporated or unincorporated association. (B) “ Fiduciary account ” means any account or safe-deposit box maintained by any party in a fiduciary capacity for any other party other than the defendant in garnishment. Without limiting the foregoing, such term shall include any trust account as defined in Code Section 7-1-810 , any account created pursuant to a transfer governed by Code Section 44-5-119 , and any agency account or safe-deposit box governed by a power of attorney or other written designation of authority. (2)(A) A garnishee shall not be liable for failure to pay or deliver to the court money or other property in an association account that may be subject to garnishment by reason of the fact that a defendant is an authorized signer on such association account, unless the summons of garnishment alleges that the association account is being used by the defendant for an improper or unlawful purpose. (B) A garnishee shall not be liable for failure to pay or deliver to the court money or other property in a fiduciary account that may be subject to garnishment if such fiduciary account specifically is exempted from garnishment as set forth in Code Section 18-4-6 . (C) A garnishee shall not be liable for failure to pay or deliver to the court money or other property in a fiduciary account that may be subject to garnishment by reason of the fact that a defendant is a fiduciary of the fiduciary account, unless the summons of garnishment is against the defendant in the defendant's capacity as a fiduciary of the fiduciary account or the summons of garnishment alleges that the fiduciary account is being used by the defendant for an improper or unlawful purpose.

(e)(1) As used in this subsection, the term: (A) “ Association account ” means any account or safe-deposit box or similar property maintained by a corporation, statutory close corporation, limited liability company, partnership, limited partnership, limited liability partnership, foundation, trust, national, state, or local government or quasi-government entity, or other incorporated or unincorporated association. (B) “ Fiduciary account ” means any account or safe-deposit box maintained by any party in a fiduciary capacity for any other party other than the defendant in garnishment. Without limiting the foregoing, such term shall include any trust account as defined in Code Section 7-1-810 , any account created pursuant to a transfer governed by Code Section 44-5-119 , and any agency account or safe-deposit box governed by a power of attorney or other written designation of authority.

(e)(1) As used in this subsection, the term:

(A) “ Association account ” means any account or safe-deposit box or similar property maintained by a corporation, statutory close corporation, limited liability company, partnership, limited partnership, limited liability partnership, foundation, trust, national, state, or local government or quasi-government entity, or other incorporated or unincorporated association.

(A) “ Association account ” means any account or safe-deposit box or similar property maintained by a corporation, statutory close corporation, limited liability company, partnership, limited partnership, limited liability partnership, foundation, trust, national, state, or local government or quasi-government entity, or other incorporated or unincorporated association.

(B) “ Fiduciary account ” means any account or safe-deposit box maintained by any party in a fiduciary capacity for any other party other than the defendant in garnishment. Without limiting the foregoing, such term shall include any trust account as defined in Code Section 7-1-810 , any account created pursuant to a transfer governed by Code Section 44-5-119 , and any agency account or safe-deposit box governed by a power of attorney or other written designation of authority.

(B) “ Fiduciary account ” means any account or safe-deposit box maintained by any party in a fiduciary capacity for any other party other than the defendant in garnishment. Without limiting the foregoing, such term shall include any trust account as defined in Code Section 7-1-810 , any account created pursuant to a transfer governed by Code Section 44-5-119 , and any agency account or safe-deposit box governed by a power of attorney or other written designation of authority.

(2)(A) A garnishee shall not be liable for failure to pay or deliver to the court money or other property in an association account that may be subject to garnishment by reason of the fact that a defendant is an authorized signer on such association account, unless the summons of garnishment alleges that the association account is being used by the defendant for an improper or unlawful purpose. (B) A garnishee shall not be liable for failure to pay or deliver to the court money or other property in a fiduciary account that may be subject to garnishment if such fiduciary account specifically is exempted from garnishment as set forth in Code Section 18-4-6 . (C) A garnishee shall not be liable for failure to pay or deliver to the court money or other property in a fiduciary account that may be subject to garnishment by reason of the fact that a defendant is a fiduciary of the fiduciary account, unless the summons of garnishment is against the defendant in the defendant's capacity as a fiduciary of the fiduciary account or the summons of garnishment alleges that the fiduciary account is being used by the defendant for an improper or unlawful purpose.

(2)(A) A garnishee shall not be liable for failure to pay or deliver to the court money or other property in an association account that may be subject to garnishment by reason of the fact that a defendant is an authorized signer on such association account, unless the summons of garnishment alleges that the association account is being used by the defendant for an improper or unlawful purpose.

(2)(A) A garnishee shall not be liable for failure to pay or deliver to the court money or other property in an association account that may be subject to garnishment by reason of the fact that a defendant is an authorized signer on such association account, unless the summons of garnishment alleges that the association account is being used by the defendant for an improper or unlawful purpose.

(B) A garnishee shall not be liable for failure to pay or deliver to the court money or other property in a fiduciary account that may be subject to garnishment if such fiduciary account specifically is exempted from garnishment as set forth in Code Section 18-4-6 .

(B) A garnishee shall not be liable for failure to pay or deliver to the court money or other property in a fiduciary account that may be subject to garnishment if such fiduciary account specifically is exempted from garnishment as set forth in Code Section 18-4-6 .

(C) A garnishee shall not be liable for failure to pay or deliver to the court money or other property in a fiduciary account that may be subject to garnishment by reason of the fact that a defendant is a fiduciary of the fiduciary account, unless the summons of garnishment is against the defendant in the defendant's capacity as a fiduciary of the fiduciary account or the summons of garnishment alleges that the fiduciary account is being used by the defendant for an improper or unlawful purpose.

(C) A garnishee shall not be liable for failure to pay or deliver to the court money or other property in a fiduciary account that may be subject to garnishment by reason of the fact that a defendant is a fiduciary of the fiduciary account, unless the summons of garnishment is against the defendant in the defendant's capacity as a fiduciary of the fiduciary account or the summons of garnishment alleges that the fiduciary account is being used by the defendant for an improper or unlawful purpose.
O.C.G.A. § 18-4-80 — GA Code / Title 18 / Chapter 4 / Section 18-4-80
Georgia Code Title 18. Debtor and Creditor § 18-4-80
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 FOR SUPPORT

GOVERNED BY ARTICLE 3 OF CHAPTER 4 OF TITLE 18

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 until the original arrearage is retired and all periodic support payments are current or until the termination of the garnishment. 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 ORIGINAL ARREARAGE IS RETIRED AND ALL PERIODIC SUPPORT PAYMENTS ARE CURRENT. 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. The Plaintiff and the Defendant are required by law to serve you with a copy of any amendment or modification to the original judgment.

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. § 18-2-50 — GA Code / Title 18 / Chapter 2 / Section 18-2-50
Georgia Code Title 18. Debtor and Creditor § 18-2-50
Status: in_force

Within 30 days after filing the assignment, the assignee shall notify each creditor that the same has been filed. Within 30 days after the date the assignee is served with the complaint attacking the assignment, he shall give notice of the filing of the complaint to each creditor named. Depositing a letter in the post office, stamped and properly addressed, shall be sufficient notice under this Code section.
O.C.G.A. § 18-4-2 — GA Code / Title 18 / Chapter 4 / Section 18-4-2
Georgia Code Title 18. Debtor and Creditor § 18-4-2
Status: in_force

(a) The procedure in garnishment cases shall be uniform in all courts throughout this state that have jurisdiction to preside over garnishment proceedings.

(a) The procedure in garnishment cases shall be uniform in all courts throughout this state that have jurisdiction to preside over garnishment proceedings.

(b) 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,” the plaintiff shall be entitled to the process of garnishment.

(b) 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,” the plaintiff shall be entitled to the process of garnishment.

(c) Except as otherwise provided in this chapter, Chapter 11 of Title 9 shall apply in garnishment proceedings in the state courts and superior courts of this state.

(c) Except as otherwise provided in this chapter, Chapter 11 of Title 9 shall apply in garnishment proceedings in the state courts and superior courts of this state.

(d) Any affidavit, garnishee answer, or pleading required or permitted by this chapter shall be amendable at any time before judgment is entered or before money or other property subject to garnishment is distributed by the court; however, no person or entity not named as garnishee in the original affidavit of garnishment filed in an action may be added as a garnishee by any amendment in such action absent a showing that any such amendment is done to correct or clarify the identity of an originally named garnishee.

(d) Any affidavit, garnishee answer, or pleading required or permitted by this chapter shall be amendable at any time before judgment is entered or before money or other property subject to garnishment is distributed by the court; however, no person or entity not named as garnishee in the original affidavit of garnishment filed in an action may be added as a garnishee by any amendment in such action absent a showing that any such amendment is done to correct or clarify the identity of an originally named garnishee.
O.C.G.A. § 18-3-55 — GA Code / Title 18 / Chapter 3 / Section 18-3-55
Georgia Code Title 18. Debtor and Creditor § 18-3-55
Status: in_force

In cases of attachment, the claim may be interposed either before or after judgment.
O.C.G.A. § 18-4-5 — GA Code / Title 18 / Chapter 4 / Section 18-4-5
Georgia Code Title 18. Debtor and Creditor § 18-4-5
Status: in_force

(a)(1) For purposes of this subsection, a “ private student loan ” shall be defined as an educational or student loan for postsecondary educational expenses but not a loan guaranteed under 20 U.S.C. Section 1070, et seq. (2) Subject to the limitations set forth in Code Sections 18-4-6 and 18-4-53 , the maximum part of disposable earnings for any work week which is subject to garnishment shall not exceed the lesser of: (A) Twenty-five percent of the defendant's disposable earnings for that week or, if the judgment upon which the garnishment is based arose from a private student loan, then 15 percent of the defendant's disposable earnings for that week; or (B) The amount by which the defendant's disposable earnings for that week exceed $217.50. (3) In case of earnings for a period other than a week, the proportionate fraction or multiple of 30 hours per week at $7.25 per hour shall be used. (4) A garnishee in a garnishment action in which the defendant is not an employee of such garnishee subject to federal and state income tax withholding by said garnishee shall be considered to have no knowledge of, nor any obligation to determine, the disposable earnings for such defendant and may, without liability to any party or nonparty, answer the summons without regard for any potential exemptions based on disposable earnings until such garnishee is served with, or consents to, a court order or a filed modification form as described in subsection (d) of this Code section in the pending garnishment action containing an alternative and enabling basis for determining the amount subject to garnishment. (5) A garnishee shall only be deemed to have knowledge that the judgment upon which a garnishment is based arose from a private student loan, and shall only be responsible to adjust any calculation of the amount subject to garnishment accordingly, if the summons of garnishment served by the plaintiff on such garnishee states such information conspicuously on its face or upon service on such garnishee of a court order in the pending garnishment action stating such information.

(a)(1) For purposes of this subsection, a “ private student loan ” shall be defined as an educational or student loan for postsecondary educational expenses but not a loan guaranteed under 20 U.S.C. Section 1070, et seq.

(a)(1) For purposes of this subsection, a “ private student loan ” shall be defined as an educational or student loan for postsecondary educational expenses but not a loan guaranteed under 20 U.S.C. Section 1070, et seq.

(2) Subject to the limitations set forth in Code Sections 18-4-6 and 18-4-53 , the maximum part of disposable earnings for any work week which is subject to garnishment shall not exceed the lesser of: (A) Twenty-five percent of the defendant's disposable earnings for that week or, if the judgment upon which the garnishment is based arose from a private student loan, then 15 percent of the defendant's disposable earnings for that week; or (B) The amount by which the defendant's disposable earnings for that week exceed $217.50.

(2) Subject to the limitations set forth in Code Sections 18-4-6 and 18-4-53 , the maximum part of disposable earnings for any work week which is subject to garnishment shall not exceed the lesser of:

(A) Twenty-five percent of the defendant's disposable earnings for that week or, if the judgment upon which the garnishment is based arose from a private student loan, then 15 percent of the defendant's disposable earnings for that week; or

(A) Twenty-five percent of the defendant's disposable earnings for that week or, if the judgment upon which the garnishment is based arose from a private student loan, then 15 percent of the defendant's disposable earnings for that week; or

(B) The amount by which the defendant's disposable earnings for that week exceed $217.50.

(B) The amount by which the defendant's disposable earnings for that week exceed $217.50.

(3) In case of earnings for a period other than a week, the proportionate fraction or multiple of 30 hours per week at $7.25 per hour shall be used.

(3) In case of earnings for a period other than a week, the proportionate fraction or multiple of 30 hours per week at $7.25 per hour shall be used.

(4) A garnishee in a garnishment action in which the defendant is not an employee of such garnishee subject to federal and state income tax withholding by said garnishee shall be considered to have no knowledge of, nor any obligation to determine, the disposable earnings for such defendant and may, without liability to any party or nonparty, answer the summons without regard for any potential exemptions based on disposable earnings until such garnishee is served with, or consents to, a court order or a filed modification form as described in subsection (d) of this Code section in the pending garnishment action containing an alternative and enabling basis for determining the amount subject to garnishment.

(4) A garnishee in a garnishment action in which the defendant is not an employee of such garnishee subject to federal and state income tax withholding by said garnishee shall be considered to have no knowledge of, nor any obligation to determine, the disposable earnings for such defendant and may, without liability to any party or nonparty, answer the summons without regard for any potential exemptions based on disposable earnings until such garnishee is served with, or consents to, a court order or a filed modification form as described in subsection (d) of this Code section in the pending garnishment action containing an alternative and enabling basis for determining the amount subject to garnishment.

(5) A garnishee shall only be deemed to have knowledge that the judgment upon which a garnishment is based arose from a private student loan, and shall only be responsible to adjust any calculation of the amount subject to garnishment accordingly, if the summons of garnishment served by the plaintiff on such garnishee states such information conspicuously on its face or upon service on such garnishee of a court order in the pending garnishment action stating such information.

(5) A garnishee shall only be deemed to have knowledge that the judgment upon which a garnishment is based arose from a private student loan, and shall only be responsible to adjust any calculation of the amount subject to garnishment accordingly, if the summons of garnishment served by the plaintiff on such garnishee states such information conspicuously on its face or upon service on such garnishee of a court order in the pending garnishment action stating such information.

(b) The limitation on garnishment set forth in subsection (a) of this Code section shall apply although the garnishee may receive a summons of garnishment in more than one garnishment case naming the same defendant unless the garnishee has received a summons of continuing garnishment for support as provided in Article 3 of this chapter.

(b) The limitation on garnishment set forth in subsection (a) of this Code section shall apply although the garnishee may receive a summons of garnishment in more than one garnishment case naming the same defendant unless the garnishee has received a summons of continuing garnishment for support as provided in Article 3 of this chapter.

(c) No employer shall discharge an employee by reason of the fact that such employee's earnings have been subjected to garnishment for any one obligation, even though more than one summons of garnishment may be served upon such employer with respect to the obligation.

(c) No employer shall discharge an employee by reason of the fact that such employee's earnings have been subjected to garnishment for any one obligation, even though more than one summons of garnishment may be served upon such employer with respect to the obligation.

(d) The amount to be paid by the garnishee in a continuing garnishment may be voluntarily modified to a lesser amount if the plaintiff and the defendant execute the form provided in Code Section 18-4-90 . The form shall be effective only upon: (1) Filing the fully executed and attested form or a copy thereof in the garnishment court; and (2) Serving the filed form upon the garnishee as provided in Code Section 9-11-4 , or, when the garnishment is filed in a magistrate court, by serving the garnishee by using the constable of the magistrate court in the manner set forth in Code Section 9-11-4 , or obtaining a written acknowledgment of receipt of service of the form by the garnishee, which may be by, but is not limited to, electronic mail, if the responding representative of the garnishee confirms authority to make such acknowledgment or is an officer or attorney of the garnishee.

(d) The amount to be paid by the garnishee in a continuing garnishment may be voluntarily modified to a lesser amount if the plaintiff and the defendant execute the form provided in Code Section 18-4-90 . The form shall be effective only upon:

(1) Filing the fully executed and attested form or a copy thereof in the garnishment court; and

(1) Filing the fully executed and attested form or a copy thereof in the garnishment court; and

(2) Serving the filed form upon the garnishee as provided in Code Section 9-11-4 , or, when the garnishment is filed in a magistrate court, by serving the garnishee by using the constable of the magistrate court in the manner set forth in Code Section 9-11-4 , or obtaining a written acknowledgment of receipt of service of the form by the garnishee, which may be by, but is not limited to, electronic mail, if the responding representative of the garnishee confirms authority to make such acknowledgment or is an officer or attorney of the garnishee.

(2) Serving the filed form upon the garnishee as provided in Code Section 9-11-4 , or, when the garnishment is filed in a magistrate court, by serving the garnishee by using the constable of the magistrate court in the manner set forth in Code Section 9-11-4 , or obtaining a written acknowledgment of receipt of service of the form by the garnishee, which may be by, but is not limited to, electronic mail, if the responding representative of the garnishee confirms authority to make such acknowledgment or is an officer or attorney of the garnishee.
O.C.G.A. § 18-4-72 — GA Code / Title 18 / Chapter 4 / Section 18-4-72
Georgia Code Title 18. Debtor and Creditor § 18-4-72
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

)

___________________________________________________

)

City

State

ZIP Code

)

)

)

___________________________________________________

)

Name

)

___________________________________________________

)

Street Address

)

___________________________________________________

)

City

State

ZIP Code

)

AFFIDAVIT OF CONTINUING GARNISHMENT

DO NOT USE THIS FORM FOR A CONTINUING

GARNISHMENT

FOR CHILD SUPPORT OR ALIMONY.

O.C.G.A. § 18-4-73

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

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

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]).

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.

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

5. The Affiant believes that the Garnishee is an employer of or under periodic obligations for payment of funds to the Defendant.

5. The Affiant believes that the Garnishee is an employer of or under periodic obligations for payment of funds to the Defendant.

This __________ day of ____________________, 20____.

__________________ Affiant __________________ Print name of Affiant

__________________

Affiant

__________________

Print name of Affiant

Sworn to and subscribed before me this _________

of___________________________________, 20____.

____________________________________________

Notary Public or Deputy Clerk of Court”
O.C.G.A. § 18-4-85 — GA Code / Title 18 / Chapter 4 / Section 18-4-85
Georgia Code Title 18. Debtor and Creditor § 18-4-85
Status: in_force

“IN THE COURT OF

COUNTY STATE OF GEORGIA

)

_______________________________________________

)

Plaintiff

)

)

v.

)

Civil Action File No.

)

_______________________________________________

_______________________________________________

)

Defendant

)

)

_______________________________________________

)

Garnishee

FINANCIAL INSTITUTION GARNISHEE ANSWER OF

(GARNISHEE)

1. At the time of service of the Summons of Garnishment on a Financial Institution and including the next five days, the Garnishee had in its possession the following described money and property of the Defendant:

1. At the time of service of the Summons of Garnishment on a Financial Institution and including the next five days, the Garnishee had in its possession the following described money and property of the Defendant:

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

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

3. ☐ Check this box if the Defendant is not presently an account holder of the Garnishee.

3. ☐ Check this box if the Defendant is not presently an account holder of the Garnishee.

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. § 18-2-77 — GA Code / Title 18 / Chapter 2 / Section 18-2-77
Georgia Code Title 18. Debtor and Creditor § 18-2-77
Status: in_force

(a) In an action for relief against a transfer or obligation under this article, a creditor, subject to the limitations in Code Section 18-2-78 , may obtain: (1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim; (2) An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by Chapter 3 of this title; and (3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure: (A) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property; (B) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or (C) Any other relief the circumstances may require.

(a) In an action for relief against a transfer or obligation under this article, a creditor, subject to the limitations in Code Section 18-2-78 , may obtain:

(1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;

(1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;

(2) An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by Chapter 3 of this title; and

(2) An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by Chapter 3 of this title; and

(3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure: (A) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property; (B) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or (C) Any other relief the circumstances may require.

(3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:

(A) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;

(A) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;

(B) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or

(B) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or

(C) Any other relief the circumstances may require.

(C) Any other relief the circumstances may require.

(b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.

(b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.
O.C.G.A. § 18-3-75 — GA Code / Title 18 / Chapter 3 / Section 18-3-75
Georgia Code Title 18. Debtor and Creditor § 18-3-75
Status: in_force

As against the interests of third parties acting in good faith and without notice who may have acquired a transfer or lien binding any real estate, no attachment levied upon real estate shall be a lien on the same from the levy thereof unless said attachment is entered upon the attachment docket of the county in which the real estate is situated within five days from said levy. When the attachment is entered upon the docket after the five days, the lien shall date from such entry; and it shall be the duty of the sheriff to have said entry made within the five days. Nothing in this Code section shall be construed to affect the validity or force of any attachment as between the parties thereto.
O.C.G.A. § 18-2-70 — GA Code / Title 18 / Chapter 2 / Section 18-2-70
Georgia Code Title 18. Debtor and Creditor § 18-2-70
Status: in_force

This article, which was formerly known and cited as the “Uniform Fraudulent Transfers Act,” shall be known and may be cited as the “Uniform Voidable Transactions Act.”
O.C.G.A. § 18-2-83 — GA Code / Title 18 / Chapter 2 / Section 18-2-83
Georgia Code Title 18. Debtor and Creditor § 18-2-83
Status: in_force

This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting the “Uniform Voidable Transactions Act.”
O.C.G.A. § 18-3-11 — GA Code / Title 18 / Chapter 3 / Section 18-3-11
Georgia Code Title 18. Debtor and Creditor § 18-3-11
Status: in_force

When the debt, for the recovery of which the attachment is sought, is due to a partnership or is due to several persons jointly, any one of the partners or joint creditors, his agent, or his attorney at law may make the affidavit and give the bond as prescribed and sign the names of the other partners or joint creditors to said bond; and the partners or joint creditors shall be bound thereby in the same manner as though they had signed it themselves.
O.C.G.A. § 18-2-2 — GA Code / Title 18 / Chapter 2 / Section 18-2-2
Georgia Code Title 18. Debtor and Creditor § 18-2-2
Status: in_force

As among themselves, creditors shall so prosecute their own rights as not to jeopardize unnecessarily the rights of others; hence, a creditor having a lien on two funds of the debtor, equally accessible to him, will be compelled to pursue the one on which other creditors have no lien.
O.C.G.A. § 18-4-26 — GA Code / Title 18 / Chapter 4 / Section 18-4-26
Georgia Code Title 18. Debtor and Creditor § 18-4-26
Status: in_force

(a) Money due officials or employees of a municipal corporation or county of this state or of the state government, or any department or institution thereof, as salary for services performed for or on behalf of the municipal corporation or county of this state or the state, or any department or institution thereof, shall be subject to garnishment, except that in no event shall the officials' or employees' salary for services performed for or on behalf of any municipal corporation or county of this state or the state, or any department or institution thereof, be garnisheed when the judgment serving as a basis for the issuance of the summons of garnishment arises out of the liability incurred in the scope of the officials' or employees' governmental employment while responding to an emergency. In such cases, the summons of garnishment shall be directed to such political entity and served upon the person authorized by law to draw the warrant on the treasury of the government or to issue a check for such salary due, or upon the chief administrative officer of the political subdivision, department, agency, or instrumentality; and such entity shall be required to respond to such summons in accordance with the mandate thereof and as provided by this chapter.

(a) Money due officials or employees of a municipal corporation or county of this state or of the state government, or any department or institution thereof, as salary for services performed for or on behalf of the municipal corporation or county of this state or the state, or any department or institution thereof, shall be subject to garnishment, except that in no event shall the officials' or employees' salary for services performed for or on behalf of any municipal corporation or county of this state or the state, or any department or institution thereof, be garnisheed when the judgment serving as a basis for the issuance of the summons of garnishment arises out of the liability incurred in the scope of the officials' or employees' governmental employment while responding to an emergency. In such cases, the summons of garnishment shall be directed to such political entity and served upon the person authorized by law to draw the warrant on the treasury of the government or to issue a check for such salary due, or upon the chief administrative officer of the political subdivision, department, agency, or instrumentality; and such entity shall be required to respond to such summons in accordance with the mandate thereof and as provided by this chapter.

(b) For purposes of this Code section only, the state and its political subdivisions, departments, agencies, and instrumentalities shall be deemed private persons; and jurisdiction for the purpose of issuing a summons of garnishment shall be restricted to a court located in the county in which the warrant is drawn on the treasury of the government or in which the check is issued for the salary due the official or employee of the state or its political subdivisions, departments, agencies, or instrumentalities.

(b) For purposes of this Code section only, the state and its political subdivisions, departments, agencies, and instrumentalities shall be deemed private persons; and jurisdiction for the purpose of issuing a summons of garnishment shall be restricted to a court located in the county in which the warrant is drawn on the treasury of the government or in which the check is issued for the salary due the official or employee of the state or its political subdivisions, departments, agencies, or instrumentalities.
O.C.G.A. § 18-4-1 — GA Code / Title 18 / Chapter 4 / Section 18-4-1
Georgia Code Title 18. Debtor and Creditor § 18-4-1
Status: in_force

As used in this chapter, the term:

(1) “ Disposable earnings ” means that part of the earnings of an individual remaining after the deduction for federal income tax, state income tax, withholdings for the Federal Insurance Contributions Act (FICA), and other mandatory deductions required by law.

(1) “ Disposable earnings ” means that part of the earnings of an individual remaining after the deduction for federal income tax, state income tax, withholdings for the Federal Insurance Contributions Act (FICA), and other mandatory deductions required by law.

(2) “ Earnings ” means compensation paid or payable for personal services, whether denominated as wages, salary, commission, fee, bonus, tips, overtime, or severance pay, including recurring periodic payments from pensions or retirement plans, including, but not limited to, the United States Department of Veterans Affairs, Railroad Retirement Board, Keoghs, and individual retirement accounts.

(2) “ Earnings ” means compensation paid or payable for personal services, whether denominated as wages, salary, commission, fee, bonus, tips, overtime, or severance pay, including recurring periodic payments from pensions or retirement plans, including, but not limited to, the United States Department of Veterans Affairs, Railroad Retirement Board, Keoghs, and individual retirement accounts.

(3) “ Entity ” means a public corporation or a corporation, limited liability company, partnership, limited partnership, professional corporation, firm, or other business organization other than a natural person.

(3) “ Entity ” means a public corporation or a corporation, limited liability company, partnership, limited partnership, professional corporation, firm, or other business organization other than a natural person.

(4) “ Financial institution ” means every federal or state chartered commercial or savings bank, including savings and loan associations and cooperative banks, federal or state chartered credit unions, benefit associations, insurance companies, safe-deposit companies, trust companies, any money market mutual fund, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment.

(4) “ Financial institution ” means every federal or state chartered commercial or savings bank, including savings and loan associations and cooperative banks, federal or state chartered credit unions, benefit associations, insurance companies, safe-deposit companies, trust companies, any money market mutual fund, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment.

(5) “ Garnishee answer ” or “ garnishee's answer ” means the response filed by a garnishee responding to a summons of garnishment detailing the money or other property of the defendant that is in the possession of the garnishee or declaring that the garnishee holds no such money or other property of the defendant.

(5) “ Garnishee answer ” or “ garnishee's answer ” means the response filed by a garnishee responding to a summons of garnishment detailing the money or other property of the defendant that is in the possession of the garnishee or declaring that the garnishee holds no such money or other property of the defendant.

(6) “ Public corporation ” means any department, agency, branch of government, or political subdivision, as such term is defined in Code Section 50-15-1 , or any public board, bureau, commission, or authority created by the General Assembly.

(6) “ Public corporation ” means any department, agency, branch of government, or political subdivision, as such term is defined in Code Section 50-15-1 , or any public board, bureau, commission, or authority created by the General Assembly.

(7) “Statutory overnight delivery” shall have the same meaning as defined in Code Section 9-10-12 .

(7) “Statutory overnight delivery” shall have the same meaning as defined in Code Section 9-10-12 .
O.C.G.A. § 18-4-73 — GA Code / Title 18 / Chapter 4 / Section 18-4-73
Georgia Code Title 18. Debtor and Creditor § 18-4-73
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

)

___________________________________________________

)

City

State

ZIP Code

)

)

)

___________________________________________________

)

Name

)

___________________________________________________

)

Street Address

)

___________________________________________________

)

City

State

ZIP Code

)

AFFIDAVIT OF CONTINUING GARNISHMENT FOR SUPPORT

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

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

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

3. The Affiant states that the Defendant is in arrears on the obligation for support in an amount equal to or in excess of one month's obligation as decreed in the judgment for support and provides the following information: $__________ is the amount of arrearage which exists under the judgment as of the execution of this affidavit. Check one of the boxes below and complete the requested information: A. ☐ Periodic support is owed for one obligee, or the judgment sets forth a total amount of periodic support for multiple obligees as follows: $ __________ is the total amount of periodic support due for ______________________________________________, Name of obligee ________________________________, and ____________________________. Such periodic Name of obligee Name of obligee support is payable on a __________________________________________ basis. E.g., weekly, monthly The termination date of the obligation for periodic support is ___________________________________. Date B. ☐ Periodic support is owed for multiple obligees, and the judgment sets forth a different amount of periodic support for each obligee as follows: $ __________ is the total amount of periodic support due for _______________________________________________ Name of obligee payable on a ______________________________________________ basis, and the termination date of such E.g., weekly, monthly obligation is _____________________________________________ Date $ __________ is the total amount of periodic support due for ______________________________________________, Name of obligee payable on a ______________________________________________ basis, and the termination date of such E.g., weekly, monthly obligation is _____________________________________________ Date $ __________ is the total amount of periodic support due for ______________________________________________, Name of obligee payable on a ______________________________________________ basis, and the termination date of such E.g., weekly, monthly obligation is _____________________________________________ Date

3. The Affiant states that the Defendant is in arrears on the obligation for support in an amount equal to or in excess of one month's obligation as decreed in the judgment for support and provides the following information:

$__________ is the amount of arrearage which exists under the judgment as of the execution of this affidavit.

Check one of the boxes below and complete the requested information:

A. ☐ Periodic support is owed for one obligee, or the judgment sets forth a total amount of periodic support for multiple obligees as follows: $ __________ is the total amount of periodic support due for ______________________________________________, Name of obligee ________________________________, and ____________________________. Such periodic Name of obligee Name of obligee support is payable on a __________________________________________ basis. E.g., weekly, monthly The termination date of the obligation for periodic support is ___________________________________. Date

A. ☐ Periodic support is owed for one obligee, or the judgment sets forth a total amount of periodic support for multiple obligees as follows:

$ __________ is the total amount of periodic support due for ______________________________________________,

Name of obligee

________________________________,

and ____________________________.

Such periodic

Name of obligee

Name of obligee

support is payable on a __________________________________________

basis.

E.g., weekly, monthly

The termination date of the obligation for periodic support is ___________________________________.

Date

B. ☐ Periodic support is owed for multiple obligees, and the judgment sets forth a different amount of periodic support for each obligee as follows: $ __________ is the total amount of periodic support due for _______________________________________________ Name of obligee payable on a ______________________________________________ basis, and the termination date of such E.g., weekly, monthly obligation is _____________________________________________ Date $ __________ is the total amount of periodic support due for ______________________________________________, Name of obligee payable on a ______________________________________________ basis, and the termination date of such E.g., weekly, monthly obligation is _____________________________________________ Date $ __________ is the total amount of periodic support due for ______________________________________________, Name of obligee payable on a ______________________________________________ basis, and the termination date of such E.g., weekly, monthly obligation is _____________________________________________ Date

B. ☐ Periodic support is owed for multiple obligees, and the judgment sets forth a different amount of periodic support for each obligee as follows:

$ __________ is the total amount of periodic support due for _______________________________________________

Name of obligee

payable on a ______________________________________________

basis, and the termination date of such

E.g., weekly, monthly

obligation is _____________________________________________

Date

$ __________ is the total amount of periodic support due for ______________________________________________,

Name of obligee

payable on a ______________________________________________

basis, and the termination date of such

E.g., weekly, monthly

obligation is _____________________________________________

Date

$ __________ is the total amount of periodic support due for ______________________________________________,

Name of obligee

payable on a ______________________________________________

basis, and the termination date of such

E.g., weekly, monthly

obligation is _____________________________________________

Date

4. ☐ Check this box and attach a certified copy of the judgment for support hereto.

4. ☐ Check this box and attach a certified copy of the judgment for support hereto.

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

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

6. The Affiant believes that the Garnishee is an employer of or under periodic obligations for payment of funds to the Defendant.

6. The Affiant believes that the Garnishee is an employer of or under periodic obligations for payment of funds to the Defendant.

This __________ day of ____________________, 20____.

__________________ Affiant __________________ Print name of Affiant

__________________

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. § 18-3-72 — GA Code / Title 18 / Chapter 3 / Section 18-3-72
Georgia Code Title 18. Debtor and Creditor § 18-3-72
Status: in_force

After the judgment has been obtained in any case of attachment, execution shall issue as in cases at common law, which execution shall be levied in the same manner as executions issuing at common law; and the proceedings in all respects shall be the same, except that when the judgment only binds the property levied on by the attachment, as aforesaid, the execution shall be issued against such property only and that property only shall be levied on and sold.
O.C.G.A. § 18-5-1 — GA Code / Title 18 / Chapter 5 / Section 18-5-1
Georgia Code Title 18. Debtor and Creditor § 18-5-1
Status: in_force

As used in this chapter, the term:

(1) “ Debt adjusting ” means doing business in debt adjustments, budget counseling, debt management, or debt pooling service or holding oneself out, by words of similar import, as providing services to debtors in the management of their debts and contracting with a debtor for a fee to: (A) Effect the adjustment, compromise, or discharge of any account, note, or other indebtedness of the debtor; or (B) Receive from the debtor and disburse to his or her creditors any money or other thing of value.

(1) “ Debt adjusting ” means doing business in debt adjustments, budget counseling, debt management, or debt pooling service or holding oneself out, by words of similar import, as providing services to debtors in the management of their debts and contracting with a debtor for a fee to:

(A) Effect the adjustment, compromise, or discharge of any account, note, or other indebtedness of the debtor; or

(A) Effect the adjustment, compromise, or discharge of any account, note, or other indebtedness of the debtor; or

(B) Receive from the debtor and disburse to his or her creditors any money or other thing of value.

(B) Receive from the debtor and disburse to his or her creditors any money or other thing of value.

(2) “ Person ” means an individual, corporation, partnership, trust, association, or other legal entity.

(2) “ Person ” means an individual, corporation, partnership, trust, association, or other legal entity.

(3) “ Resides ” means to live in a particular place, whether on a temporary or permanent basis.

(3) “ Resides ” means to live in a particular place, whether on a temporary or permanent basis.
O.C.G.A. § 18-4-19 — GA Code / Title 18 / Chapter 4 / Section 18-4-19
Georgia Code Title 18. Debtor and Creditor § 18-4-19
Status: in_force

(a) After the garnishee's answer is filed, the defendant's claim shall be tried first, the plaintiff's traverse shall be tried second, and third-party claims shall be tried last; provided, however, that the court shall retain the money or other property subject to garnishment until the completion of the trial of all claims and traverses which are filed under this chapter. The court may consolidate or bifurcate such actions for trial in the court's discretion.

(a) After the garnishee's answer is filed, the defendant's claim shall be tried first, the plaintiff's traverse shall be tried second, and third-party claims shall be tried last; provided, however, that the court shall retain the money or other property subject to garnishment until the completion of the trial of all claims and traverses which are filed under this chapter. The court may consolidate or bifurcate such actions for trial in the court's discretion.

(b) If a claim or traverse has been filed, all parties of record may introduce evidence to establish their respective interests in the money or other property in court, and the court shall direct that such money or other property be distributed in accordance with the laws governing the relative priority of claims, judgments, and liens.

(b) If a claim or traverse has been filed, all parties of record may introduce evidence to establish their respective interests in the money or other property in court, and the court shall direct that such money or other property be distributed in accordance with the laws governing the relative priority of claims, judgments, and liens.

(c) When the defendant, garnishee, or third-party claimant prevails upon the trial of his or her claim: (1) That the plaintiff does not have a judgment against the defendant or that the plaintiff's affidavit of garnishment is untrue or is legally insufficient, the garnishment case shall be dismissed by the court, and any money or other property belonging to the defendant in the possession of the court shall be restored to the defendant unless another claim or traverse thereto has been filed; (2) That the amount shown to be due on the plaintiff's affidavit of garnishment is incorrect, the court shall allow the summons of garnishment to be amended to the amount proven to be owed, and if such amount is less than the amount shown to be due by the plaintiff, any money or other property belonging to the defendant in the possession of the court in excess of the amount due shall be restored to the defendant unless another claim or traverse thereto has been filed; (3) That the money or other property belonging to the defendant in the possession of the court is exempt from garnishment, such exempt money or other property shall be restored directly to the defendant. The court shall order such restoration within 48 hours; and (4) Based on any legal or statutory defense or 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 court shall determine the disposition of the money or other property belonging to the defendant in the possession of the court.

(c) When the defendant, garnishee, or third-party claimant prevails upon the trial of his or her claim:

(1) That the plaintiff does not have a judgment against the defendant or that the plaintiff's affidavit of garnishment is untrue or is legally insufficient, the garnishment case shall be dismissed by the court, and any money or other property belonging to the defendant in the possession of the court shall be restored to the defendant unless another claim or traverse thereto has been filed;

(1) That the plaintiff does not have a judgment against the defendant or that the plaintiff's affidavit of garnishment is untrue or is legally insufficient, the garnishment case shall be dismissed by the court, and any money or other property belonging to the defendant in the possession of the court shall be restored to the defendant unless another claim or traverse thereto has been filed;

(2) That the amount shown to be due on the plaintiff's affidavit of garnishment is incorrect, the court shall allow the summons of garnishment to be amended to the amount proven to be owed, and if such amount is less than the amount shown to be due by the plaintiff, any money or other property belonging to the defendant in the possession of the court in excess of the amount due shall be restored to the defendant unless another claim or traverse thereto has been filed;

(2) That the amount shown to be due on the plaintiff's affidavit of garnishment is incorrect, the court shall allow the summons of garnishment to be amended to the amount proven to be owed, and if such amount is less than the amount shown to be due by the plaintiff, any money or other property belonging to the defendant in the possession of the court in excess of the amount due shall be restored to the defendant unless another claim or traverse thereto has been filed;

(3) That the money or other property belonging to the defendant in the possession of the court is exempt from garnishment, such exempt money or other property shall be restored directly to the defendant. The court shall order such restoration within 48 hours; and

(3) That the money or other property belonging to the defendant in the possession of the court is exempt from garnishment, such exempt money or other property shall be restored directly to the defendant. The court shall order such restoration within 48 hours; and

(4) Based on any legal or statutory defense or 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 court shall determine the disposition of the money or other property belonging to the defendant in the possession of the court.

(4) Based on any legal or statutory defense or 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 court shall determine the disposition of the money or other property belonging to the defendant in the possession of the court.

(d) On the trial of the plaintiff's traverse, if the court finds: (1) The garnishee has failed to respond properly to the summons of garnishment, the court shall disallow any expenses demanded by the garnishee and shall enter a judgment for any money or other property the court finds subject to garnishment which the garnishee has failed to pay or deliver to the court or to the plaintiff; provided, however, that the total amount of such judgment shall not exceed the amount shown to be due by the plaintiff, together with the costs of the garnishment proceeding; or (2) The plaintiff's traverse lacked reasonable justification, the court shall award the garnishee a judgment against the plaintiff for its attorney's fees incurred in connection with the traverse.

(d) On the trial of the plaintiff's traverse, if the court finds:

(1) The garnishee has failed to respond properly to the summons of garnishment, the court shall disallow any expenses demanded by the garnishee and shall enter a judgment for any money or other property the court finds subject to garnishment which the garnishee has failed to pay or deliver to the court or to the plaintiff; provided, however, that the total amount of such judgment shall not exceed the amount shown to be due by the plaintiff, together with the costs of the garnishment proceeding; or

(1) The garnishee has failed to respond properly to the summons of garnishment, the court shall disallow any expenses demanded by the garnishee and shall enter a judgment for any money or other property the court finds subject to garnishment which the garnishee has failed to pay or deliver to the court or to the plaintiff; provided, however, that the total amount of such judgment shall not exceed the amount shown to be due by the plaintiff, together with the costs of the garnishment proceeding; or

(2) The plaintiff's traverse lacked reasonable justification, the court shall award the garnishee a judgment against the plaintiff for its attorney's fees incurred in connection with the traverse.

(2) The plaintiff's traverse lacked reasonable justification, the court shall award the garnishee a judgment against the plaintiff for its attorney's fees incurred in connection with the traverse.

(e) A defendant shall not be allowed to present evidence, make an argument, or prevail on a claim that money or other property in a garnishment may be subject to a claim by a third party. When a claim of exemption or defense to a garnishment proceeding belongs to a defendant, a third-party claimant shall not be allowed to present evidence, make an argument, or prevail on any such claim.

(e) A defendant shall not be allowed to present evidence, make an argument, or prevail on a claim that money or other property in a garnishment may be subject to a claim by a third party. When a claim of exemption or defense to a garnishment proceeding belongs to a defendant, a third-party claimant shall not be allowed to present evidence, make an argument, or prevail on any such claim.
O.C.G.A. § 18-4-52 — GA Code / Title 18 / Chapter 4 / Section 18-4-52
Georgia Code Title 18. Debtor and Creditor § 18-4-52
Status: in_force

(a) In addition to the information required by subsection (a) of Code Sections 18-4-3 and 18-4-41 , the plaintiff shall attach a certified copy of the judgment to be enforced to the affidavit of continuing garnishment for support and shall state the following in such affidavit: (1) That the defendant is in arrears on the obligation of support in an amount equal to or in excess of one month's obligation as decreed in such judgment; (2) The amount of arrearage which exists under such judgment as of the date of the execution of the affidavit; (3) The amount of support due under the judgment for each obligee named therein, taking into account the possible attainment of majority or emancipation or death of any minor child named in such judgment; and (4) The date of the termination of the obligation of support of each obligee named in the judgment, based upon the terms of such judgment, or, as to any obligee who is a minor child, the date each such obligee shall attain the age of 18 years.

(a) In addition to the information required by subsection (a) of Code Sections 18-4-3 and 18-4-41 , the plaintiff shall attach a certified copy of the judgment to be enforced to the affidavit of continuing garnishment for support and shall state the following in such affidavit:

(1) That the defendant is in arrears on the obligation of support in an amount equal to or in excess of one month's obligation as decreed in such judgment;

(1) That the defendant is in arrears on the obligation of support in an amount equal to or in excess of one month's obligation as decreed in such judgment;

(2) The amount of arrearage which exists under such judgment as of the date of the execution of the affidavit;

(2) The amount of arrearage which exists under such judgment as of the date of the execution of the affidavit;

(3) The amount of support due under the judgment for each obligee named therein, taking into account the possible attainment of majority or emancipation or death of any minor child named in such judgment; and

(3) The amount of support due under the judgment for each obligee named therein, taking into account the possible attainment of majority or emancipation or death of any minor child named in such judgment; and

(4) The date of the termination of the obligation of support of each obligee named in the judgment, based upon the terms of such judgment, or, as to any obligee who is a minor child, the date each such obligee shall attain the age of 18 years.

(4) The date of the termination of the obligation of support of each obligee named in the judgment, based upon the terms of such judgment, or, as to any obligee who is a minor child, the date each such obligee shall attain the age of 18 years.

(b) Such affidavit may be amended from time to time by subsequent affidavits of any party showing a modification or other amendment to the original judgment being enforced. Such amended or subsequent affidavits shall include a certified copy of any such modification or amendment and shall contain the information required by paragraphs (1) through (4) of subsection (a) of this Code section.

(b) Such affidavit may be amended from time to time by subsequent affidavits of any party showing a modification or other amendment to the original judgment being enforced. Such amended or subsequent affidavits shall include a certified copy of any such modification or amendment and shall contain the information required by paragraphs (1) through (4) of subsection (a) of this Code section.

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

(c) The plaintiff shall serve the summons of continuing garnishment for support 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 for support is set forth in Code Section 18-4-73 .

(d) The form for an affidavit of continuing garnishment for support is set forth in Code Section 18-4-73 .
O.C.G.A. § 18-4-7 — GA Code / Title 18 / Chapter 4 / Section 18-4-7
Georgia Code Title 18. Debtor and Creditor § 18-4-7
Status: in_force

(a) The amount shown on the summons of garnishment shall not exceed the amount the defendant owes the plaintiff pursuant to a judgment.

(a) The amount shown on the summons of garnishment shall not exceed the amount the defendant owes the plaintiff pursuant to a judgment.

(b)(1) A summons of garnishment, or an attachment thereto, shall state on its face with particularity all of the following information, to the extent reasonably available to the plaintiff: (A) The name of the defendant and, to the extent such would reasonably enable the garnishee to properly respond to the summons of garnishment, all known configurations, nicknames, aliases, former or maiden names, trade names, or variations thereof; (B) The service address and the current address of the defendant and, to the extent such would reasonably enable the garnishee to properly respond to the summons of garnishment and such is reasonably available to the plaintiff, the past addresses of the defendant; and (C) The social security number or federal tax identification number of the defendant; provided, however, that if such summons is filed with a court, the court filing shall be redacted in accordance with Code Section 9-11-7.1 or 15-10-54 , as applicable. The defendant's full social security number or federal tax identification number shall be made known to the garnishee and defendant in accordance with Code Section 9-11-7.1 or 15-10-54 , as applicable, to the extent such information is reasonably available to the plaintiff. (2) The form for a summons of garnishment on a financial institution shall not be used for a continuing garnishment or continuing garnishment for support. A summons of garnishment on a financial institution, or an attachment thereto, shall also state with particularity the defendant's account, identification, or tracking numbers known to the plaintiff used by the garnishee in the identification or administration of the defendant's funds or property; provided, however, that if such summons is filed with a court, the court filing shall be redacted in accordance with Code Section 9-11-7.1 or 15-10-54 , as applicable. The defendant's account, identification, or tracking numbers shall be made known to the garnishee and defendant in accordance with Code Section 9-11-7.1 or 15-10-54 , as applicable, to the extent such information is known to the plaintiff. (3) A misspelling of any information required by this subsection, other than the surname of a natural person defendant, shall not invalidate a summons of garnishment, so long as such information is not misleading in a search of the garnishee's records.

(b)(1) A summons of garnishment, or an attachment thereto, shall state on its face with particularity all of the following information, to the extent reasonably available to the plaintiff: (A) The name of the defendant and, to the extent such would reasonably enable the garnishee to properly respond to the summons of garnishment, all known configurations, nicknames, aliases, former or maiden names, trade names, or variations thereof; (B) The service address and the current address of the defendant and, to the extent such would reasonably enable the garnishee to properly respond to the summons of garnishment and such is reasonably available to the plaintiff, the past addresses of the defendant; and (C) The social security number or federal tax identification number of the defendant; provided, however, that if such summons is filed with a court, the court filing shall be redacted in accordance with Code Section 9-11-7.1 or 15-10-54 , as applicable. The defendant's full social security number or federal tax identification number shall be made known to the garnishee and defendant in accordance with Code Section 9-11-7.1 or 15-10-54 , as applicable, to the extent such information is reasonably available to the plaintiff.

(b)(1) A summons of garnishment, or an attachment thereto, shall state on its face with particularity all of the following information, to the extent reasonably available to the plaintiff:

(A) The name of the defendant and, to the extent such would reasonably enable the garnishee to properly respond to the summons of garnishment, all known configurations, nicknames, aliases, former or maiden names, trade names, or variations thereof;

(A) The name of the defendant and, to the extent such would reasonably enable the garnishee to properly respond to the summons of garnishment, all known configurations, nicknames, aliases, former or maiden names, trade names, or variations thereof;

(B) The service address and the current address of the defendant and, to the extent such would reasonably enable the garnishee to properly respond to the summons of garnishment and such is reasonably available to the plaintiff, the past addresses of the defendant; and

(B) The service address and the current address of the defendant and, to the extent such would reasonably enable the garnishee to properly respond to the summons of garnishment and such is reasonably available to the plaintiff, the past addresses of the defendant; and

(C) The social security number or federal tax identification number of the defendant; provided, however, that if such summons is filed with a court, the court filing shall be redacted in accordance with Code Section 9-11-7.1 or 15-10-54 , as applicable. The defendant's full social security number or federal tax identification number shall be made known to the garnishee and defendant in accordance with Code Section 9-11-7.1 or 15-10-54 , as applicable, to the extent such information is reasonably available to the plaintiff.

(C) The social security number or federal tax identification number of the defendant; provided, however, that if such summons is filed with a court, the court filing shall be redacted in accordance with Code Section 9-11-7.1 or 15-10-54 , as applicable. The defendant's full social security number or federal tax identification number shall be made known to the garnishee and defendant in accordance with Code Section 9-11-7.1 or 15-10-54 , as applicable, to the extent such information is reasonably available to the plaintiff.

(2) The form for a summons of garnishment on a financial institution shall not be used for a continuing garnishment or continuing garnishment for support. A summons of garnishment on a financial institution, or an attachment thereto, shall also state with particularity the defendant's account, identification, or tracking numbers known to the plaintiff used by the garnishee in the identification or administration of the defendant's funds or property; provided, however, that if such summons is filed with a court, the court filing shall be redacted in accordance with Code Section 9-11-7.1 or 15-10-54 , as applicable. The defendant's account, identification, or tracking numbers shall be made known to the garnishee and defendant in accordance with Code Section 9-11-7.1 or 15-10-54 , as applicable, to the extent such information is known to the plaintiff.

(2) The form for a summons of garnishment on a financial institution shall not be used for a continuing garnishment or continuing garnishment for support. A summons of garnishment on a financial institution, or an attachment thereto, shall also state with particularity the defendant's account, identification, or tracking numbers known to the plaintiff used by the garnishee in the identification or administration of the defendant's funds or property; provided, however, that if such summons is filed with a court, the court filing shall be redacted in accordance with Code Section 9-11-7.1 or 15-10-54 , as applicable. The defendant's account, identification, or tracking numbers shall be made known to the garnishee and defendant in accordance with Code Section 9-11-7.1 or 15-10-54 , as applicable, to the extent such information is known to the plaintiff.

(3) A misspelling of any information required by this subsection, other than the surname of a natural person defendant, shall not invalidate a summons of garnishment, so long as such information is not misleading in a search of the garnishee's records.

(3) A misspelling of any information required by this subsection, other than the surname of a natural person defendant, shall not invalidate a summons of garnishment, so long as such information is not misleading in a search of the garnishee's records.

(c) The form for a summons of garnishment is set forth in Code Section 18-4-74 , and the optional attachment thereto is set forth in Code Section 18-4-75 . The form for a summons of garnishment on a financial institution is set forth in Code Section 18-4-76 , and the attachment thereto is set forth in Code Section 18-4-77 . The form for a summons of garnishment on a financial institution shall not be used for a continuing garnishment or continuing garnishment for support.

(c) The form for a summons of garnishment is set forth in Code Section 18-4-74 , and the optional attachment thereto is set forth in Code Section 18-4-75 . The form for a summons of garnishment on a financial institution is set forth in Code Section 18-4-76 , and the attachment thereto is set forth in Code Section 18-4-77 . The form for a summons of garnishment on a financial institution shall not be used for a continuing garnishment or continuing garnishment for support.

(d) When a plaintiff uses the incorrect form for a summons of garnishment of any type, the garnishment shall not be valid and the garnishee shall be relieved of all liability.

(d) When a plaintiff uses the incorrect form for a summons of garnishment of any type, the garnishment shall not be valid and the garnishee shall be relieved of all liability.
O.C.G.A. § 18-4-82 — GA Code / Title 18 / Chapter 4 / Section 18-4-82
Georgia Code Title 18. Debtor and Creditor § 18-4-82
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

)

)

)

___________________________________________________

)

Name

)

___________________________________________________

)

Street Address

)

___________________________________________________

)

City

State

ZIP Code

)

NOTICE TO DEFENDANT OF RIGHT AGAINST

GARNISHMENT OF MONEY, INCLUDING WAGES, AND

OTHER PROPERTY

You received this notice because money, including wages, and other property belonging to you have been garnished to pay a court judgment against you. HOWEVER, YOU MAY BE ABLE TO KEEP YOUR MONEY, INCLUDING WAGES, OR OTHER PROPERTY.

READ THIS NOTICE CAREFULLY.

State and federal law protects some money, including wages, from garnishment even if it is in a bank. Some common exemptions are benefits from social security, supplemental security income, unemployment, workers' compensation, the Veterans' Administration, state pension, retirement funds, and disability income. This list of exemptions does not include all possible exemptions. A more detailed list of exemptions is available at the Clerk of Court's office located at ________________________ (Name of Court), _________________________ (Address), _________________________ (City), Georgia ____ (ZIP Code), and on the website for the Attorney General (www.law.ga.gov).

Garnishment of your earnings from your employment is limited to the lesser of 25 percent of your disposable earnings for a week or the amount by which your disposable earnings for a week exceed $217.50. More than 25 percent of your disposable earnings may be taken from your earnings for the payment of child support or alimony or if a Chapter 13 bankruptcy allows a higher amount.

TO PROTECT YOUR MONEY, INCLUDING WAGES, AND OTHER PROPERTY FROM BEING GARNISHED, YOU MUST:

1. Complete the Defendant's Claim Form as set forth below; and

1. Complete the Defendant's Claim Form as set forth below; and

2. File this completed claim form with the Clerk of Court's office located at _____________________ (Name of Court), ____________________ (Address), ________________________ (City), Georgia _________ (ZIP Code).

2. File this completed claim form with the Clerk of Court's office located at _____________________ (Name of Court), ____________________ (Address), ________________________ (City), Georgia _________ (ZIP Code).

FILE YOUR COMPLETED CLAIM FORM AS SOON AS POSSIBLE. You may lose your right to claim an exemption if you do not file your claim form within 20 days after the Garnishee's Answer is filed or if you do not mail or deliver a copy of your completed claim form to the Plaintiff and the Garnishee at the addresses listed on this notice.

The Court will schedule a hearing within ten days from when it receives your claim form. The Court will mail you the time and date of the hearing at the address that you provide on your claim form. You may go to the hearing with or without an attorney. You will need to give the Court documents or other proof that your money is exempt.

The Clerk of Court cannot give you legal advice. IF YOU NEED LEGAL ASSISTANCE, YOU SHOULD SEE AN ATTORNEY. If you cannot afford a private attorney, legal services may be available.

DEFENDANT'S CLAIM FORM

I CLAIM EXEMPTION from garnishment. Some of my money or property held by the garnishee is exempt because it is: (check all that apply)

☐ 1. Social security benefits.

☐ 2. Supplemental security income benefits.

☐ 3. Unemployment benefits.

☐ 4. Workers' compensation.

☐ 5. Veterans' benefits.

☐ 6. State pension benefits.

☐ 7. Disability income benefits.

☐ 8. Money that belongs to a joint account holder.

☐ 9. Child support or alimony.

☐ 10. Exempt wages, retirement, or pension benefits.

☐ 11. Exemptions for taxes due on income or earnings not subject to employer withholding.

☐ 12. Other exemptions as provided by law.

Explain:

I further state: (check all that apply)

☐ 1. The Plaintiff does not have a judgment against me.

☐ 2. The amount shown due on the Plaintiff's Affidavit of Garnishment is incorrect.

☐ 3. The Plaintiff's Affidavit of Garnishment is untrue or legally insufficient.

Send the notice of the hearing on my claim to me at:

Address:

Phone Number:

Email Address:

The statements made in this claim form are true to the best of my knowledge and belief.

_________________________________________________

__________________________________, 20____________________________________________

Defendant's signature

Date

_________________________________________________

Print name of Defendant

CERTIFICATE OF SERVICE

This is to certify that I have this day served the Plaintiff or Plaintiff's Attorney 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__.

______________________________ Defendant or Defendant's Attorney”

______________________________

Defendant or Defendant's Attorney”
O.C.G.A. § 18-5-3-2 — GA Code / Title 18 / Chapter 5 / Section 18-5-3-2
Georgia Code Title 18. Debtor and Creditor § 18-5-3.2
Status: in_force

(a) Any person engaged in debt adjusting shall disburse to the appropriate creditors all funds received from a debtor, less any fees authorized by this chapter, within 30 days of receipt of such funds.

(a) Any person engaged in debt adjusting shall disburse to the appropriate creditors all funds received from a debtor, less any fees authorized by this chapter, within 30 days of receipt of such funds.

(b) Any person engaged in debt adjusting shall maintain a separate trust account for the receipt of any and all funds from debtors and the disbursement of such funds on behalf of debtors.

(b) Any person engaged in debt adjusting shall maintain a separate trust account for the receipt of any and all funds from debtors and the disbursement of such funds on behalf of debtors.
O.C.G.A. § 18-2-47 — GA Code / Title 18 / Chapter 2 / Section 18-2-47
Georgia Code Title 18. Debtor and Creditor § 18-2-47
Status: in_force

Within 15 days after the recording of the assignment provided for in Code Section 18-2-43 , the assignor shall, in connection with the assignee, prepare a full and complete list of all property of every kind, character, and description held, claimed, owned, or possessed by the assignor at the date of making such assignment, to which shall be attached the affidavit of the assignor that the list is true. The assignee shall also attach an affidavit that he has examined the books and other papers of the assignor, that he assisted in the preparation of the list as far as possible, and that to the best of his knowledge, information, and belief the list is correct. If he cannot make such affidavit, he shall state the reason therefor.
O.C.G.A. § 18-2-24 — GA Code / Title 18 / Chapter 2 / Section 18-2-24
Georgia Code Title 18. Debtor and Creditor § 18-2-24
Status: in_force

Where any property is conveyed, assigned, or mortgaged as security for any debt and permission is given to the debtor to exercise dominion over or to use the property or the proceeds thereof or any part thereof, the giving of such permission shall not cause the conveyance, assignment, or mortgage to be deemed fraudulent or to create a presumption of fraud as to creditors.
O.C.G.A. § 18-4-55 — GA Code / Title 18 / Chapter 4 / Section 18-4-55
Georgia Code Title 18. Debtor and Creditor § 18-4-55
Status: in_force

The continuing garnishment for support described in this article shall attach for so long as the defendant is employed by or owed periodic payments from the garnishee or a final garnishee answer is served on the plaintiff and not traversed within 20 days and shall not terminate until the original arrearage is retired and all support payments are current. The garnishee may rely upon the information as to the termination date of the duty of support of any individual claimed in the affidavit of continuing garnishment for support, the amount of the duty of support to be paid, any sums paid by the defendant between the date of the filing of such affidavit and the date of the initial garnishee answer, and the amount of the original arrearage existing as of the date of such affidavit, unless the defendant files a claim against such affidavit or the garnishee's answer and the court enters any finding otherwise.
O.C.G.A. § 18-3-74 — GA Code / Title 18 / Chapter 3 / Section 18-3-74
Georgia Code Title 18. Debtor and Creditor § 18-3-74
Status: in_force

The lien of an attachment is created by the levy and not the judgment in the attachment; and in case of a conflict between attachments, the first levied shall be first satisfied; but in a contest between attachments and ordinary judgments or suits, it is the judgment and not the levy which fixes the lien. However, the lien of an attachment shall have priority over the lien of an ordinary judgment that has been obtained upon a suit filed after the levy of the attachment.
O.C.G.A. § 18-4-88 — GA Code / Title 18 / Chapter 4 / Section 18-4-88
Georgia Code Title 18. Debtor and Creditor § 18-4-88
Status: in_force

“IN THE COURT OF COUNTY

STATE OF GEORGIA

)

_________________________________________________

)

Plaintiff

)

)

v.

)

Civil Action File No. ________________________

)

_________________________________________________

)

Defendant

)

)

_________________________________________________

)

Garnishee

)

THIRD-PARTY CLAIM

Personally appeared

____________________________________

, who on oath says that he

(Print name)

or she has a claim superior to that of the Plaintiff to the money or other property in the hands of the Garnishee subject to the process of garnishment.

The Affiant further states: (check applicable box and complete the information requested)

☐ The Affiant obtained a judgment against the Defendant in the _______________ Court of

___________________

County,

__________________________________

, in Case Number _________________

State

on ________________________,

and the unpaid balance of such judgment is in the amount of

Date

$ _________________________.

or

☐ The basis of the Affiant's claim is ___________________________________________________________

_________________________________________________________________________________________________

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

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___.

____________________________________ Third-party Claimant or Third-party Claimant's Attorney”

____________________________________

Third-party Claimant or Third-party Claimant's Attorney”
O.C.G.A. § 18-4-77 — GA Code / Title 18 / Chapter 4 / Section 18-4-77
Georgia Code Title 18. Debtor and Creditor § 18-4-77
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 ON A FINANCIAL INSTITUTION

Other known names of the Defendant:

Current and past addresses of the Defendant:

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

Account or identification numbers of accounts of the Defendant used by the Garnishee:

Other allegations pursuant to O.C.G.A. § 18-4-23 :

THIS PLEADING SHALL NOT BE FILED WITH THE COURT”
O.C.G.A. § 18-3-15 — GA Code / Title 18 / Chapter 3 / Section 18-3-15
Georgia Code Title 18. Debtor and Creditor § 18-3-15
Status: in_force

When a writ of attachment is issued against the property of the defendant, the defendant may at any time traverse the plaintiff's affidavit upon which the attachment was obtained, stating that the affidavit is untrue or legally insufficient. Upon filing of the traverse, the court shall issue a show cause order to the plaintiff requiring him to appear at a specified time, which shall not be more than ten days from the filing of the traverse, to prove the grounds for the issuance of the attachment. If the plaintiff shall fail to carry the burden of proof, the order authorizing the attachment shall be revoked.
O.C.G.A. § 18-2-74 — GA Code / Title 18 / Chapter 2 / Section 18-2-74
Georgia Code Title 18. Debtor and Creditor § 18-2-74
Status: in_force

(a) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation: (1) With actual intent to hinder, delay, or defraud any creditor of the debtor; or (2) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor: (A) Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or (B) Intended to incur, or believed or reasonably should have believed that he or she would incur, debts beyond his or her ability to pay as they became due.

(a) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:

(1) With actual intent to hinder, delay, or defraud any creditor of the debtor; or

(1) With actual intent to hinder, delay, or defraud any creditor of the debtor; or

(2) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor: (A) Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or (B) Intended to incur, or believed or reasonably should have believed that he or she would incur, debts beyond his or her ability to pay as they became due.

(2) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:

(A) Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or

(A) Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or

(B) Intended to incur, or believed or reasonably should have believed that he or she would incur, debts beyond his or her ability to pay as they became due.

(B) Intended to incur, or believed or reasonably should have believed that he or she would incur, debts beyond his or her ability to pay as they became due.

(b) In determining actual intent under paragraph (1) of subsection (a) of this Code section, consideration may be given, among other factors, to whether: (1) The transfer or obligation was to an insider; (2) The debtor retained possession or control of the property transferred after the transfer; (3) The transfer or obligation was disclosed or concealed; (4) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit; (5) The transfer was of substantially all the debtor's assets; (6) The debtor absconded; (7) The debtor removed or concealed assets; (8) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred; (9) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred; (10) The transfer occurred shortly before or shortly after a substantial debt was incurred; and (11) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.

(b) In determining actual intent under paragraph (1) of subsection (a) of this Code section, consideration may be given, among other factors, to whether:

(1) The transfer or obligation was to an insider;

(1) The transfer or obligation was to an insider;

(2) The debtor retained possession or control of the property transferred after the transfer;

(2) The debtor retained possession or control of the property transferred after the transfer;

(3) The transfer or obligation was disclosed or concealed;

(3) The transfer or obligation was disclosed or concealed;

(4) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;

(4) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;

(5) The transfer was of substantially all the debtor's assets;

(5) The transfer was of substantially all the debtor's assets;

(6) The debtor absconded;

(6) The debtor absconded;

(7) The debtor removed or concealed assets;

(7) The debtor removed or concealed assets;

(8) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;

(8) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;

(9) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;

(9) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;

(10) The transfer occurred shortly before or shortly after a substantial debt was incurred; and

(10) The transfer occurred shortly before or shortly after a substantial debt was incurred; and

(11) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.

(11) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.

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

(d) A creditor making a claim for relief under subsection (a) of this Code section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.

(d) A creditor making a claim for relief under subsection (a) 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. § 18-3-53 — GA Code / Title 18 / Chapter 3 / Section 18-3-53
Georgia Code Title 18. Debtor and Creditor § 18-3-53
Status: in_force

Upon the failure of the claimant to deliver the property according to the conditions of the bond, the levying officer may immediately sue the claimant and security upon the bond and recover the full value of the property claimed and also all damages, costs, and charges that the plaintiff may have sustained in consequence of the failure of the claimant to deliver the property.
O.C.G.A. § 18-2-1 — GA Code / Title 18 / Chapter 2 / Section 18-2-1
Georgia Code Title 18. Debtor and Creditor § 18-2-1
Status: in_force

Whenever one person, by contract or by law, is liable and bound to pay to another an amount of money, certain or uncertain, the relation of debtor and creditor exists between them.
O.C.G.A. § 18-2-80 — GA Code / Title 18 / Chapter 2 / Section 18-2-80
Georgia Code Title 18. Debtor and Creditor § 18-2-80
Status: in_force

(a) In this Code section, the following rules determine a debtor's location: (1) A debtor who is an individual is located at the individual's principal residence; (2) A debtor that is an organization and has only one place of business is located at its place of business; and (3) A debtor that is an organization and has more than one place of business is located at its chief executive office.

(a) In this Code section, the following rules determine a debtor's location:

(1) A debtor who is an individual is located at the individual's principal residence;

(1) A debtor who is an individual is located at the individual's principal residence;

(2) A debtor that is an organization and has only one place of business is located at its place of business; and

(2) A debtor that is an organization and has only one place of business is located at its place of business; and

(3) A debtor that is an organization and has more than one place of business is located at its chief executive office.

(3) A debtor that is an organization and has more than one place of business is located at its chief executive office.

(b) A cause of action in the nature of a claim for relief under this article is governed by the law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.

(b) A cause of action in the nature of a claim for relief under this article is governed by the law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.
O.C.G.A. § 18-2-49 — GA Code / Title 18 / Chapter 2 / Section 18-2-49
Georgia Code Title 18. Debtor and Creditor § 18-2-49
Status: in_force

Where an unintentional mistake or omission has been made in the description of the property, in the list of assets, in the method of preparing the list of assets, or in the list of creditors, the same may be amended upon proof thereof to the court.
O.C.G.A. § 18-4-17 — GA Code / Title 18 / Chapter 4 / Section 18-4-17
Georgia Code Title 18. Debtor and Creditor § 18-4-17
Status: in_force

At any time before judgment is entered on the garnishee's answer or money or other property subject to garnishment is distributed, any person may file a third-party claim in writing under oath stating that he or she has a claim superior to that of the plaintiff to the money or other property in the hands of the garnishee subject to the process of garnishment, and the third-party claimant shall be a party to all further proceedings upon the garnishment. A third-party claimant shall serve his or her claim upon the plaintiff, defendant, and garnishee. The form for a third-party claim is set forth in Code Section 18-4-88 .
O.C.G.A. § 18-3-18 — GA Code / Title 18 / Chapter 3 / Section 18-3-18
Georgia Code Title 18. Debtor and Creditor § 18-3-18
Status: in_force

All pleadings, defenses, and procedures subsequent to the filing of the declaration in attachment shall be governed by Chapter 10 of Title 9.
O.C.G.A. § 18-3-14 — GA Code / Title 18 / Chapter 3 / Section 18-3-14
Georgia Code Title 18. Debtor and Creditor § 18-3-14
Status: in_force

(a) The defendant shall be given notice of the attachment issued against his property by any one or more of the following methods: (1) The plaintiff, at the time the attachment is filed with the clerk, shall commence procedures to effectuate the service of a copy of the writ of attachment on the defendant; and service thereafter shall be made on the defendant as soon as is reasonably practicable. Service pursuant to this paragraph shall be made pursuant to Code Section 9-11-4 ; (2) The plaintiff, after issuance of the writ of attachment and not more than three business days after levy upon the property of the defendant, shall cause a written notice to be sent to the defendant at defendant's last known address by registered or certified mail or statutory overnight delivery, return receipt requested. Either the return receipt indicating receipt by the defendant or the envelope bearing the official notification from the United States Postal Service of the defendant's refusal to accept delivery or failure to claim such registered or certified mail or statutory overnight delivery shall be filed with the clerk of the court in which the attachment is pending. The defendant's refusal to accept or failure to claim such registered or certified mail or statutory overnight delivery addressed to defendant shall be deemed notice to defendant; (3) The plaintiff, after the issuance of the writ of attachment and not more than three business days after levy upon the property of the defendant, shall cause a written notice to be delivered personally to the defendant by the plaintiff or by plaintiff's attorney at law or other agent. A certification by the person making the delivery shall be filed with the clerk; (4) When the defendant resides out of the state or has departed the state or cannot, after due diligence, be found within the state or conceals his place of residence from the plaintiff and the fact shall appear, by affidavit, to the satisfaction of the judge or clerk of the court, the levy and attachment shall constitute sufficient notice to the defendant, provided such levy and attachment without more shall constitute sufficient notice, unless the plaintiff has actual knowledge of the defendant's address, in which case, to provide sufficient notice, the plaintiff shall also mail a written notice of attachment to the defendant at said address or, not having actual knowledge of the defendant's address but the address at which the defendant was last known to reside, to provide sufficient notice, the plaintiff shall also mail a written notice of attachment to the defendant at said address. A mailing of the written notice provided in this paragraph shall be made after the issuance of the writ of attachment and not more than three business days after levy upon the property of the defendant, and a certificate of such mailing shall be filed with the clerk by the person mailing the notice; (5) Where it shall appear by affidavit that a defendant in the attachment action is not a resident of this state or has departed from this state or, after due diligence, cannot be found in this state or that the defendant conceals his place of residence from the plaintiff, notice may be given by causing two publications of the written notice in the paper in which advertisements are printed by the sheriff in each county in which a writ of attachment is served. Such publications must be at least six days apart and the second publication must be made not more than 21 days after levy upon the property of the defendant. A certification by the person causing the notice to be published shall be filed with the clerk, provided such publication shall constitute sufficient notice alone, unless the plaintiff has actual knowledge of the defendant's address, in which case, to provide sufficient notice, the plaintiff shall also mail a written notice of attachment to the defendant at said address. A mailing of the written notice provided in this paragraph shall be made after the issuance of the writ of attachment and not more than three business days after levy upon the property of the defendant, and a certificate of such mailing shall be filed with the clerk by the person mailing the notice; or (6) Where the defendant's address is known, the plaintiff, after issuance of the attachment and not more than three business days after levy upon the property of the defendant, shall send a written notice of the attachment to the defendant at such known address by ordinary mail. A certification by the person mailing the notice shall be filed with the clerk.

(a) The defendant shall be given notice of the attachment issued against his property by any one or more of the following methods:

(1) The plaintiff, at the time the attachment is filed with the clerk, shall commence procedures to effectuate the service of a copy of the writ of attachment on the defendant; and service thereafter shall be made on the defendant as soon as is reasonably practicable. Service pursuant to this paragraph shall be made pursuant to Code Section 9-11-4 ;

(1) The plaintiff, at the time the attachment is filed with the clerk, shall commence procedures to effectuate the service of a copy of the writ of attachment on the defendant; and service thereafter shall be made on the defendant as soon as is reasonably practicable. Service pursuant to this paragraph shall be made pursuant to Code Section 9-11-4 ;

(2) The plaintiff, after issuance of the writ of attachment and not more than three business days after levy upon the property of the defendant, shall cause a written notice to be sent to the defendant at defendant's last known address by registered or certified mail or statutory overnight delivery, return receipt requested. Either the return receipt indicating receipt by the defendant or the envelope bearing the official notification from the United States Postal Service of the defendant's refusal to accept delivery or failure to claim such registered or certified mail or statutory overnight delivery shall be filed with the clerk of the court in which the attachment is pending. The defendant's refusal to accept or failure to claim such registered or certified mail or statutory overnight delivery addressed to defendant shall be deemed notice to defendant;

(2) The plaintiff, after issuance of the writ of attachment and not more than three business days after levy upon the property of the defendant, shall cause a written notice to be sent to the defendant at defendant's last known address by registered or certified mail or statutory overnight delivery, return receipt requested. Either the return receipt indicating receipt by the defendant or the envelope bearing the official notification from the United States Postal Service of the defendant's refusal to accept delivery or failure to claim such registered or certified mail or statutory overnight delivery shall be filed with the clerk of the court in which the attachment is pending. The defendant's refusal to accept or failure to claim such registered or certified mail or statutory overnight delivery addressed to defendant shall be deemed notice to defendant;

(3) The plaintiff, after the issuance of the writ of attachment and not more than three business days after levy upon the property of the defendant, shall cause a written notice to be delivered personally to the defendant by the plaintiff or by plaintiff's attorney at law or other agent. A certification by the person making the delivery shall be filed with the clerk;

(3) The plaintiff, after the issuance of the writ of attachment and not more than three business days after levy upon the property of the defendant, shall cause a written notice to be delivered personally to the defendant by the plaintiff or by plaintiff's attorney at law or other agent. A certification by the person making the delivery shall be filed with the clerk;

(4) When the defendant resides out of the state or has departed the state or cannot, after due diligence, be found within the state or conceals his place of residence from the plaintiff and the fact shall appear, by affidavit, to the satisfaction of the judge or clerk of the court, the levy and attachment shall constitute sufficient notice to the defendant, provided such levy and attachment without more shall constitute sufficient notice, unless the plaintiff has actual knowledge of the defendant's address, in which case, to provide sufficient notice, the plaintiff shall also mail a written notice of attachment to the defendant at said address or, not having actual knowledge of the defendant's address but the address at which the defendant was last known to reside, to provide sufficient notice, the plaintiff shall also mail a written notice of attachment to the defendant at said address. A mailing of the written notice provided in this paragraph shall be made after the issuance of the writ of attachment and not more than three business days after levy upon the property of the defendant, and a certificate of such mailing shall be filed with the clerk by the person mailing the notice;

(4) When the defendant resides out of the state or has departed the state or cannot, after due diligence, be found within the state or conceals his place of residence from the plaintiff and the fact shall appear, by affidavit, to the satisfaction of the judge or clerk of the court, the levy and attachment shall constitute sufficient notice to the defendant, provided such levy and attachment without more shall constitute sufficient notice, unless the plaintiff has actual knowledge of the defendant's address, in which case, to provide sufficient notice, the plaintiff shall also mail a written notice of attachment to the defendant at said address or, not having actual knowledge of the defendant's address but the address at which the defendant was last known to reside, to provide sufficient notice, the plaintiff shall also mail a written notice of attachment to the defendant at said address. A mailing of the written notice provided in this paragraph shall be made after the issuance of the writ of attachment and not more than three business days after levy upon the property of the defendant, and a certificate of such mailing shall be filed with the clerk by the person mailing the notice;

(5) Where it shall appear by affidavit that a defendant in the attachment action is not a resident of this state or has departed from this state or, after due diligence, cannot be found in this state or that the defendant conceals his place of residence from the plaintiff, notice may be given by causing two publications of the written notice in the paper in which advertisements are printed by the sheriff in each county in which a writ of attachment is served. Such publications must be at least six days apart and the second publication must be made not more than 21 days after levy upon the property of the defendant. A certification by the person causing the notice to be published shall be filed with the clerk, provided such publication shall constitute sufficient notice alone, unless the plaintiff has actual knowledge of the defendant's address, in which case, to provide sufficient notice, the plaintiff shall also mail a written notice of attachment to the defendant at said address. A mailing of the written notice provided in this paragraph shall be made after the issuance of the writ of attachment and not more than three business days after levy upon the property of the defendant, and a certificate of such mailing shall be filed with the clerk by the person mailing the notice; or

(5) Where it shall appear by affidavit that a defendant in the attachment action is not a resident of this state or has departed from this state or, after due diligence, cannot be found in this state or that the defendant conceals his place of residence from the plaintiff, notice may be given by causing two publications of the written notice in the paper in which advertisements are printed by the sheriff in each county in which a writ of attachment is served. Such publications must be at least six days apart and the second publication must be made not more than 21 days after levy upon the property of the defendant. A certification by the person causing the notice to be published shall be filed with the clerk, provided such publication shall constitute sufficient notice alone, unless the plaintiff has actual knowledge of the defendant's address, in which case, to provide sufficient notice, the plaintiff shall also mail a written notice of attachment to the defendant at said address. A mailing of the written notice provided in this paragraph shall be made after the issuance of the writ of attachment and not more than three business days after levy upon the property of the defendant, and a certificate of such mailing shall be filed with the clerk by the person mailing the notice; or

(6) Where the defendant's address is known, the plaintiff, after issuance of the attachment and not more than three business days after levy upon the property of the defendant, shall send a written notice of the attachment to the defendant at such known address by ordinary mail. A certification by the person mailing the notice shall be filed with the clerk.

(6) Where the defendant's address is known, the plaintiff, after issuance of the attachment and not more than three business days after levy upon the property of the defendant, shall send a written notice of the attachment to the defendant at such known address by ordinary mail. A certification by the person mailing the notice shall be filed with the clerk.

(b) The receiving by the defendant of actual timely notice of the attachment and levy shall constitute notice.

(b) The receiving by the defendant of actual timely notice of the attachment and levy shall constitute notice.

(c) “Written notice,” as referred to in paragraphs (2) through (6) of subsection (a) of this Code section, shall consist of a copy of the affidavit and bond for attachment or of a document which includes the names of the plaintiff and the defendant, the amount claimed in the affidavit for attachment, and the court wherein the proceeding is filed.

(c) “Written notice,” as referred to in paragraphs (2) through (6) of subsection (a) of this Code section, shall consist of a copy of the affidavit and bond for attachment or of a document which includes the names of the plaintiff and the defendant, the amount claimed in the affidavit for attachment, and the court wherein the proceeding is filed.

(d) The methods of notification specified in subsection (a) of this Code section are cumulative and may be used in any sequence or combination. Where it appears that a plaintiff has reasonably, diligently, and in good faith attempted to use one method, another method thereafter may be utilized and, for the time during which the attempt was being made, the time limit shall be tolled for the subsequent method.

(d) The methods of notification specified in subsection (a) of this Code section are cumulative and may be used in any sequence or combination. Where it appears that a plaintiff has reasonably, diligently, and in good faith attempted to use one method, another method thereafter may be utilized and, for the time during which the attempt was being made, the time limit shall be tolled for the subsequent method.
O.C.G.A. § 18-4-53 — GA Code / Title 18 / Chapter 4 / Section 18-4-53
Georgia Code Title 18. Debtor and Creditor § 18-4-53
Status: in_force

(a) A summons of continuing garnishment for support shall contain a notice to the garnishee that such garnishment is based on a judgment governed by this article. The form for a summons of continuing garnishment for support is set forth in Code Section 18-4-80 , and the optional attachment thereto is set forth in Code Section 18-4-81 .

(a) A summons of continuing garnishment for support shall contain a notice to the garnishee that such garnishment is based on a judgment governed by this article. The form for a summons of continuing garnishment for support is set forth in Code Section 18-4-80 , and the optional attachment thereto is set forth in Code Section 18-4-81 .

(b) Subject to the limitations set forth in Code Section 18-4-6 , the maximum part of disposable earnings for any work week which shall be subject to continuing garnishment for support shall not exceed 50 percent of the defendant's disposable earnings for that week.

(b) Subject to the limitations set forth in Code Section 18-4-6 , the maximum part of disposable earnings for any work week which shall be subject to continuing garnishment for support shall not exceed 50 percent of the defendant's disposable earnings for that week.

(c) Funds or benefits from an individual retirement account or from a pension or retirement program shall not be exempt from the process of continuing garnishment for support except as provided in subsection (b) of this Code section for other disposable earnings, unless a greater exemption is otherwise provided by law.

(c) Funds or benefits from an individual retirement account or from a pension or retirement program shall not be exempt from the process of continuing garnishment for support except as provided in subsection (b) of this Code section for other disposable earnings, unless a greater exemption is otherwise provided by law.
O.C.G.A. § 18-2-44 — GA Code / Title 18 / Chapter 2 / Section 18-2-44
Georgia Code Title 18. Debtor and Creditor § 18-2-44
Status: in_force

(a) All assignments referred to in Code Section 18-2-42 shall convey all of the property of every sort which is claimed or owned by the assignor at the time of the execution thereof. Such assignments shall: (1) Identify any lands owned or any interest in lands; (2) Identify goods, wares, and merchandise by general words of description, indicating the location, kind, and quality thereof, with a statement as accurate as possible, containing the purchase price and selling price of the lot as a whole; and (3) Describe in general terms any shares of capital stock, livestock, or personal property which are not connected with any mercantile or manufacturing business.

(a) All assignments referred to in Code Section 18-2-42 shall convey all of the property of every sort which is claimed or owned by the assignor at the time of the execution thereof. Such assignments shall:

(1) Identify any lands owned or any interest in lands;

(1) Identify any lands owned or any interest in lands;

(2) Identify goods, wares, and merchandise by general words of description, indicating the location, kind, and quality thereof, with a statement as accurate as possible, containing the purchase price and selling price of the lot as a whole; and

(2) Identify goods, wares, and merchandise by general words of description, indicating the location, kind, and quality thereof, with a statement as accurate as possible, containing the purchase price and selling price of the lot as a whole; and

(3) Describe in general terms any shares of capital stock, livestock, or personal property which are not connected with any mercantile or manufacturing business.

(3) Describe in general terms any shares of capital stock, livestock, or personal property which are not connected with any mercantile or manufacturing business.

(b) The assignor shall attach a list of all creditors with their post office addresses and amounts due to each.

(b) The assignor shall attach a list of all creditors with their post office addresses and amounts due to each.
O.C.G.A. § 18-4-10 — GA Code / Title 18 / Chapter 4 / Section 18-4-10
Georgia Code Title 18. Debtor and Creditor § 18-4-10
Status: in_force

(a) The summons of 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 garnishment.

(a) The summons of 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 garnishment.

(b) The summons of garnishment shall be directed to the garnishee, commanding the garnishee to respond and state what money or other property is subject to garnishment. Except as provided in subsection (c) of this Code section and Articles 2 and 3 of this chapter, the garnishee's answer shall be filed with the court issuing the summons not sooner than 30 days and not later than 45 days after service of the summons, and the money or other property subject to garnishment shall be sent to or delivered to the court concurrently with the sending or filing of such garnishee's answer.

(b) The summons of garnishment shall be directed to the garnishee, commanding the garnishee to respond and state what money or other property is subject to garnishment. Except as provided in subsection (c) of this Code section and Articles 2 and 3 of this chapter, the garnishee's answer shall be filed with the court issuing the summons not sooner than 30 days and not later than 45 days after service of the summons, and the money or other property subject to garnishment shall be sent to or delivered to the court concurrently with the sending or filing of such garnishee's answer.

(c) When the garnishee is a financial institution and the garnishment is not a continuing garnishment or continuing garnishment for support, such garnishee's answer shall be filed with the court issuing the summons of garnishment not sooner than five days and not later than 15 days after the date of service of the summons, and the money or other property subject to garnishment shall be paid to or delivered to the court concurrently with such garnishee's answer. 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, then the garnishee may immediately file the garnishee's answer; provided, however, that such garnishee's answer shall be filed not later than 15 days after the date of service of the summons.

(c) When the garnishee is a financial institution and the garnishment is not a continuing garnishment or continuing garnishment for support, such garnishee's answer shall be filed with the court issuing the summons of garnishment not sooner than five days and not later than 15 days after the date of service of the summons, and the money or other property subject to garnishment shall be paid to or delivered to the court concurrently with such garnishee's answer. 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, then the garnishee may immediately file the garnishee's answer; provided, however, that such garnishee's answer shall be filed not later than 15 days after the date of service of the summons.

(d) When the garnishee is a financial institution and the garnishment is pursuant to Article 2 or 3 of this chapter, any accounts of the defendant shall be subject to the process of garnishment only for the garnishment period described in paragraph (2) of subsection (c) of Code Section 18-4-4 , and any funds due to be paid to the garnishment court through such garnishment period may be held and delivered with the first garnishee answer pursuant to Code Section 18-4-42 .

(d) When the garnishee is a financial institution and the garnishment is pursuant to Article 2 or 3 of this chapter, any accounts of the defendant shall be subject to the process of garnishment only for the garnishment period described in paragraph (2) of subsection (c) of Code Section 18-4-4 , and any funds due to be paid to the garnishment court through such garnishment period may be held and delivered with the first garnishee answer pursuant to Code Section 18-4-42 .
O.C.G.A. § 18-2-41 — GA Code / Title 18 / Chapter 2 / Section 18-2-41
Georgia Code Title 18. Debtor and Creditor § 18-2-41
Status: in_force

Any corporation, not municipal, may make an assignment for the benefit of creditors; but no such corporation shall be allowed in such assignment to prefer any creditor or class of creditors, except creditors who have debts entitled to priority by law.
O.C.G.A. § 18-2-21 — GA Code / Title 18 / Chapter 2 / Section 18-2-21
Georgia Code Title 18. Debtor and Creditor § 18-2-21
Status: in_force

Creditors may attack as fraudulent a judgment, conveyance, or any other arrangement interfering with their rights, either at law or in equity.
O.C.G.A. § 18-2-71 — GA Code / Title 18 / Chapter 2 / Section 18-2-71
Georgia Code Title 18. Debtor and Creditor § 18-2-71
Status: in_force

As used in this article, the term:

(1) “ Affiliate ” means: (A) A person who directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities: (i) As a fiduciary or agent without sole discretionary power to vote the securities; or (ii) Solely to secure a debt, if the person has not exercised the power to vote; (B) A corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote by the debtor or a person who directly or indirectly owns, controls, or holds with power to vote 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities: (i) As a fiduciary or agent without sole power to vote the securities; or (ii) Solely to secure a debt, if the person has not in fact exercised the power to vote; (C) A person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or (D) A person who operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets.

(1) “ Affiliate ” means:

(A) A person who directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities: (i) As a fiduciary or agent without sole discretionary power to vote the securities; or (ii) Solely to secure a debt, if the person has not exercised the power to vote;

(A) A person who directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities:

(i) As a fiduciary or agent without sole discretionary power to vote the securities; or

(i) As a fiduciary or agent without sole discretionary power to vote the securities; or

(ii) Solely to secure a debt, if the person has not exercised the power to vote;

(ii) Solely to secure a debt, if the person has not exercised the power to vote;

(B) A corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote by the debtor or a person who directly or indirectly owns, controls, or holds with power to vote 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities: (i) As a fiduciary or agent without sole power to vote the securities; or (ii) Solely to secure a debt, if the person has not in fact exercised the power to vote;

(B) A corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote by the debtor or a person who directly or indirectly owns, controls, or holds with power to vote 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities:

(i) As a fiduciary or agent without sole power to vote the securities; or

(i) As a fiduciary or agent without sole power to vote the securities; or

(ii) Solely to secure a debt, if the person has not in fact exercised the power to vote;

(ii) Solely to secure a debt, if the person has not in fact exercised the power to vote;

(C) A person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or

(C) A person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or

(D) A person who operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets.

(D) A person who operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets.

(2) “ Asset ” means property of a debtor, but the term does not include: (A) Property to the extent it is encumbered by a valid lien; (B) Property to the extent it is generally exempt under nonbankruptcy law; or (C) An interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one tenant.

(2) “ Asset ” means property of a debtor, but the term does not include:

(A) Property to the extent it is encumbered by a valid lien;

(A) Property to the extent it is encumbered by a valid lien;

(B) Property to the extent it is generally exempt under nonbankruptcy law; or

(B) Property to the extent it is generally exempt under nonbankruptcy law; or

(C) An interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one tenant.

(C) An interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one tenant.

(3) “ Claim, ” except for claim for relief, means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.

(3) “ Claim, ” except for claim for relief, means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.

(4) “ Creditor ” means a person who has a claim, regardless of when the person acquired the claim, together with any successors or assigns.

(4) “ Creditor ” means a person who has a claim, regardless of when the person acquired the claim, together with any successors or assigns.

(5) “ Debt ” means liability on a claim.

(5) “ Debt ” means liability on a claim.

(6) “ Debtor ” means a person who is liable on a claim.

(6) “ Debtor ” means a person who is liable on a claim.

(7) “ Electronic ” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(7) “ Electronic ” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(8) “ Insider ” includes: (A) If the debtor is an individual: (i) A relative of the debtor or of a general partner of the debtor; (ii) A partnership in which the debtor is a general partner; (iii) A general partner in a partnership described in division (ii) of this subparagraph; or (iv) A corporation of which the debtor is a director, officer, or person in control; (B) If the debtor is a corporation: (i) A director of the debtor; (ii) An officer of the debtor; (iii) A person in control of the debtor; (iv) A partnership in which the debtor is a general partner; (v) A general partner in a partnership described in division (iv) of this subparagraph; or (vi) A relative of a general partner, director, officer, or person in control of the debtor; (C) If the debtor is a partnership: (i) A general partner in the debtor; (ii) A relative of a general partner in, or a general partner of, or a person in control of the debtor; (iii) Another partnership in which the debtor is a general partner; (iv) A general partner in a partnership described in division (iii) of this subparagraph; or (v) A person in control of the debtor; (D) An affiliate, or an insider of an affiliate as if the affiliate were the debtor; and (E) A managing agent of the debtor.

(8) “ Insider ” includes:

(A) If the debtor is an individual: (i) A relative of the debtor or of a general partner of the debtor; (ii) A partnership in which the debtor is a general partner; (iii) A general partner in a partnership described in division (ii) of this subparagraph; or (iv) A corporation of which the debtor is a director, officer, or person in control;

(A) If the debtor is an individual:

(i) A relative of the debtor or of a general partner of the debtor;

(i) A relative of the debtor or of a general partner of the debtor;

(ii) A partnership in which the debtor is a general partner;

(ii) A partnership in which the debtor is a general partner;

(iii) A general partner in a partnership described in division (ii) of this subparagraph; or

(iii) A general partner in a partnership described in division (ii) of this subparagraph; or

(iv) A corporation of which the debtor is a director, officer, or person in control;

(iv) A corporation of which the debtor is a director, officer, or person in control;

(B) If the debtor is a corporation: (i) A director of the debtor; (ii) An officer of the debtor; (iii) A person in control of the debtor; (iv) A partnership in which the debtor is a general partner; (v) A general partner in a partnership described in division (iv) of this subparagraph; or (vi) A relative of a general partner, director, officer, or person in control of the debtor;

(B) If the debtor is a corporation:

(i) A director of the debtor;

(i) A director of the debtor;

(ii) An officer of the debtor;

(ii) An officer of the debtor;

(iii) A person in control of the debtor;

(iii) A person in control of the debtor;

(iv) A partnership in which the debtor is a general partner;

(iv) A partnership in which the debtor is a general partner;

(v) A general partner in a partnership described in division (iv) of this subparagraph; or

(v) A general partner in a partnership described in division (iv) of this subparagraph; or

(vi) A relative of a general partner, director, officer, or person in control of the debtor;

(vi) A relative of a general partner, director, officer, or person in control of the debtor;

(C) If the debtor is a partnership: (i) A general partner in the debtor; (ii) A relative of a general partner in, or a general partner of, or a person in control of the debtor; (iii) Another partnership in which the debtor is a general partner; (iv) A general partner in a partnership described in division (iii) of this subparagraph; or (v) A person in control of the debtor;

(C) If the debtor is a partnership:

(i) A general partner in the debtor;

(i) A general partner in the debtor;

(ii) A relative of a general partner in, or a general partner of, or a person in control of the debtor;

(ii) A relative of a general partner in, or a general partner of, or a person in control of the debtor;

(iii) Another partnership in which the debtor is a general partner;

(iii) Another partnership in which the debtor is a general partner;

(iv) A general partner in a partnership described in division (iii) of this subparagraph; or

(iv) A general partner in a partnership described in division (iii) of this subparagraph; or

(v) A person in control of the debtor;

(v) A person in control of the debtor;

(D) An affiliate, or an insider of an affiliate as if the affiliate were the debtor; and

(D) An affiliate, or an insider of an affiliate as if the affiliate were the debtor; and

(E) A managing agent of the debtor.

(E) A managing agent of the debtor.

(9) “ Lien ” means a charge against or an interest in property to secure payment of a debt or performance of an obligation and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien.

(9) “ Lien ” means a charge against or an interest in property to secure payment of a debt or performance of an obligation and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien.

(10) “ Organization ” means a person other than an individual.

(10) “ Organization ” means a person other than an individual.

(11) “ Person ” means an individual, public corporation, government or governmental subdivision agency or instrumentality, business or nonprofit entity, estate, or other legal entity.

(11) “ Person ” means an individual, public corporation, government or governmental subdivision agency or instrumentality, business or nonprofit entity, estate, or other legal entity.

(12) “ Property ” means anything that may be the subject of ownership.

(12) “ Property ” means anything that may be the subject of ownership.

(13) “ Record ” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(13) “ Record ” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(14) “ Relative ” means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined and includes an individual in an adoptive relationship within the third degree.

(14) “ Relative ” means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined and includes an individual in an adoptive relationship within the third degree.

(15) “ Sign ” means, with present intent to authenticate or adopt a record: (A) To execute or adopt a tangible symbol; or (B) To attach to or logically associate with the record an electronic symbol, sound, or process.

(15) “ Sign ” means, with present intent to authenticate or adopt a record:

(A) To execute or adopt a tangible symbol; or

(A) To execute or adopt a tangible symbol; or

(B) To attach to or logically associate with the record an electronic symbol, sound, or process.

(B) To attach to or logically associate with the record an electronic symbol, sound, or process.

(16) “ Transfer ” means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset and includes payment of money, release, lease, and creation of a lien or other encumbrance.

(16) “ Transfer ” means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset and includes payment of money, release, lease, and creation of a lien or other encumbrance.

(17) “ Valid lien ” means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings.

(17) “ Valid lien ” means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings.
O.C.G.A. § 18-3-10-1 — GA Code / Title 18 / Chapter 3 / Section 18-3-10-1
Georgia Code Title 18. Debtor and Creditor § 18-3-10.1
Status: in_force

When a person who has been a defendant in attachment desires to bring an action against the plaintiff for damages, and the plaintiff in attachment does not reside in this state, it shall be sufficient to serve the complaint and summons on the security to the bond given by the plaintiff, and the action may proceed against both principal and security.
O.C.G.A. § 18-3-3 — GA Code / Title 18 / Chapter 3 / Section 18-3-3
Georgia Code Title 18. Debtor and Creditor § 18-3-3
Status: in_force

When the debt is not due, the debtor shall be subject to attachment in the same manner and to the same extent as in cases where the debt is due, except that, where the debt does not become due before final judgment, execution upon the judgment shall be stayed until the debt is due.
O.C.G.A. § 18-4-21 — GA Code / Title 18 / Chapter 4 / Section 18-4-21
Georgia Code Title 18. Debtor and Creditor § 18-4-21
Status: in_force

Except as provided in Code Section 18-4-22 , when a garnishee fails or refuses to file a garnishee answer by the forty-fifth day after 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. § 18-4-86 — GA Code / Title 18 / Chapter 4 / Section 18-4-86
Georgia Code Title 18. Debtor and Creditor § 18-4-86
Status: in_force

“IN THE COURT OF

COUNTY STATE OF GEORGIA

)

_______________________________________________

)

Plaintiff

)

)

v.

)

Civil Action File No.

)

_______________________________________________

_______________________________________________

)

Defendant

)

)

_______________________________________________

)

Garnishee

)

GARNISHEE ANSWER OF (GARNISHEE) TO CONTINUING

GARNISHMENT

1. From the time of service of the Summons of Continuing Garnishment, if this is the first Garnishee Answer to such summons, otherwise from the time of the last Garnishee Answer to the Summons of Continuing Garnishment until the time of this Garnishee Answer, the Garnishee had in the Garnishee's possession the following described property of the Defendant:

1. From the time of service of the Summons of Continuing Garnishment, if this is the first Garnishee Answer to such summons, otherwise from the time of the last Garnishee Answer to the Summons of Continuing Garnishment until the time of this Garnishee Answer, the Garnishee had in the Garnishee's possession the following described property of the Defendant:

2. From the time of service of the Summons of Continuing Garnishment, if this is the first Garnishee Answer to such summons, otherwise from the time of the last Garnishee Answer to the Summons of Continuing Garnishment until the time of this Garnishee Answer, all obligations accruing from the Garnishee to the Defendant are in the amount of $ __________. 3. $___________ of the amount named in paragraph 2 were wages earned at the rate of $_______________ per __________ for the period beginning ____________________________________________________ , 20___, Date through the time of making this Garnishee Answer. The amount of wages which is subject to this garnishment is computed as follows: $ ________ Gross earnings $ ________ Total social security and withholding tax and other mandatory deductions required by law $ ________ Total disposable earnings $ ________ Amount of wages subject to garnishment.

2. From the time of service of the Summons of Continuing Garnishment, if this is the first Garnishee Answer to such summons, otherwise from the time of the last Garnishee Answer to the Summons of Continuing Garnishment until the time of this Garnishee Answer, all obligations accruing from the Garnishee to the Defendant are in the amount of $ __________.

3. $___________ of the amount named in paragraph 2 were wages earned at the rate of

$_______________ per __________ for the period beginning ____________________________________________________

, 20___,

Date

through the time of making this Garnishee Answer. The amount of wages which is subject to this garnishment is computed as follows:

$ ________ Gross earnings

$ ________ Total social security and withholding tax and other mandatory deductions required by law

$ ________ Total disposable earnings

$ ________ Amount of wages subject to garnishment.

4. $ __________ is the amount herewith paid into court.

4. $ __________ is the amount herewith paid into court.

5. ☐ Check this box if the Defendant is not presently employed by or owed periodic payments by the Garnishee. 6. ☐ Check this box if the Defendant was employed by or owed periodic payments by the Garnishee on or after service of the Summons of Continuing Garnishment but was terminated as of ______________________ , 20. Date

5. ☐ Check this box if the Defendant is not presently employed by or owed periodic payments by the Garnishee.

6. ☐ Check this box if the Defendant was employed by or owed periodic payments by the Garnishee on or after service of the Summons of Continuing

Garnishment but was terminated as of

______________________

, 20.

Date

7. ☐ Check this box if this is the last Garnishee Answer this Garnishee is required to file to the presently pending Summons of Garnishment in the above-styled case.

7. ☐ Check this box if this is the last Garnishee Answer this Garnishee is required to file to the presently pending Summons of Garnishment in the above-styled case.

8. 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”

8. 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. § 18-2-20 — GA Code / Title 18 / Chapter 2 / Section 18-2-20
Georgia Code Title 18. Debtor and Creditor § 18-2-20
Status: in_force

The rights of creditors shall be favored by the courts; and every remedy and facility shall be afforded them to detect, defeat, and annul any effort to defraud them of their just rights.
O.C.G.A. § 18-4-24 — GA Code / Title 18 / Chapter 4 / Section 18-4-24
Georgia Code Title 18. Debtor and Creditor § 18-4-24
Status: in_force

(a) When a default judgment is rendered against a garnishee under Code Section 18-4-21 , 18-4-22 , or 18-4-43 , the plaintiff shall serve the garnishee, as provided in Code Section 9-11-4 , or, when the garnishment is filed in a magistrate court, the plaintiff may serve the garnishee by using the constable of the magistrate court in the manner set forth in Code Section 9-11-4 , with a copy of such default judgment. On a motion filed not later than 90 days from the date the garnishee was served with such default judgment, the garnishee may, upon payment of any costs paid by the plaintiff to the clerk of court for the initiation of the action, and service on the garnishee, have such default judgment modified so that the amount of such default judgment shall be reduced to an amount equal to $50.00 plus 100 percent of the amount by which the garnishee was indebted to the defendant, including all money or other property belonging to the defendant which came into the garnishee's hands: (1) For garnishments pursuant to Article 1 of this chapter, from the time of service of the summons of garnishment through and including the last day of the applicable garnishment period, less any exemption allowed the defendant and any funds paid by the garnishee into the court or to the plaintiff during the time for which an answer was due and not filed; or (2) For garnishments pursuant to Articles 2 and 3 of this chapter, from the time of service of the summons of garnishment or from the last timely answer, whichever is later, through and including the last day on which a timely garnishee answer could have been filed, less any exemption allowed the defendant and any funds paid by the garnishee into the court or to the plaintiff during the time for which an answer was due and not filed.

(a) When a default judgment is rendered against a garnishee under Code Section 18-4-21 , 18-4-22 , or 18-4-43 , the plaintiff shall serve the garnishee, as provided in Code Section 9-11-4 , or, when the garnishment is filed in a magistrate court, the plaintiff may serve the garnishee by using the constable of the magistrate court in the manner set forth in Code Section 9-11-4 , with a copy of such default judgment. On a motion filed not later than 90 days from the date the garnishee was served with such default judgment, the garnishee may, upon payment of any costs paid by the plaintiff to the clerk of court for the initiation of the action, and service on the garnishee, have such default judgment modified so that the amount of such default judgment shall be reduced to an amount equal to $50.00 plus 100 percent of the amount by which the garnishee was indebted to the defendant, including all money or other property belonging to the defendant which came into the garnishee's hands:

(1) For garnishments pursuant to Article 1 of this chapter, from the time of service of the summons of garnishment through and including the last day of the applicable garnishment period, less any exemption allowed the defendant and any funds paid by the garnishee into the court or to the plaintiff during the time for which an answer was due and not filed; or

(1) For garnishments pursuant to Article 1 of this chapter, from the time of service of the summons of garnishment through and including the last day of the applicable garnishment period, less any exemption allowed the defendant and any funds paid by the garnishee into the court or to the plaintiff during the time for which an answer was due and not filed; or

(2) For garnishments pursuant to Articles 2 and 3 of this chapter, from the time of service of the summons of garnishment or from the last timely answer, whichever is later, through and including the last day on which a timely garnishee answer could have been filed, less any exemption allowed the defendant and any funds paid by the garnishee into the court or to the plaintiff during the time for which an answer was due and not filed.

(2) For garnishments pursuant to Articles 2 and 3 of this chapter, from the time of service of the summons of garnishment or from the last timely answer, whichever is later, through and including the last day on which a timely garnishee answer could have been filed, less any exemption allowed the defendant and any funds paid by the garnishee into the court or to the plaintiff during the time for which an answer was due and not filed.

(b) On the trial of a motion to modify a default judgment, the burden of proof shall be upon any plaintiff who objects to the timeliness of the motion to establish that such motion was not filed within the time provided for by this Code section.

(b) On the trial of a motion to modify a default judgment, the burden of proof shall be upon any plaintiff who objects to the timeliness of the motion to establish that such motion was not filed within the time provided for by this Code section.
O.C.G.A. § 18-3-13 — GA Code / Title 18 / Chapter 3 / Section 18-3-13
Georgia Code Title 18. Debtor and Creditor § 18-3-13
Status: in_force

When any attachment shall be issued and levied upon the property of the defendant, the defendant, his agent, or his attorney may file an affidavit stating that he has a good defense to the action, that the bond given in the action is not a good bond, and stating the ground of its insufficiency. When the affidavit is made and delivered to the levying officer, the officer shall return such attachment together with the affidavit forthwith to the judge issuing the attachment. The judge issuing the attachment shall without delay hear testimony as to the sufficiency of the bond and may in his discretion require additional security or a new bond to be given within such time as he may prescribe. If the plaintiff fails to provide such additional security or new bond, the judge shall dismiss the levy made under the attachment.
O.C.G.A. § 18-2-3 — GA Code / Title 18 / Chapter 2 / Section 18-2-3
Georgia Code Title 18. Debtor and Creditor § 18-2-3
Status: in_force

Courts of equity jurisdiction shall assist creditors in reaching equitable assets in every case where to refuse interference would jeopardize the collection of their debts.
O.C.G.A. § 18-5-4 — GA Code / Title 18 / Chapter 5 / Section 18-5-4
Georgia Code Title 18. Debtor and Creditor § 18-5-4
Status: in_force

(a) Any person who engages in debt adjusting in violation of this chapter shall be guilty of a misdemeanor.

(a) Any person who engages in debt adjusting in violation of this chapter shall be guilty of a misdemeanor.

(b) Without limiting the applicability of subsection (a) of this Code section: (1) Any person who engages in debt adjusting in violation of the provisions of Code Section 18-5-3.1 or subsection (b) of Code Section 18-5-3.2 shall further be liable for a civil fine of not less than $50,000.00; and (2) Any person who engages in debt adjusting in violation of the provisions of Code Section 18-5-2 or subsection (a) of Code Section 18-5-3.2 shall further be liable to the debtor in an amount equal to the total of all fees, charges, or contributions paid by the debtor plus $5,000.00. Such debtor shall have the right to bring a cause of action directly against such person for violation of the provisions of this chapter.

(b) Without limiting the applicability of subsection (a) of this Code section:

(1) Any person who engages in debt adjusting in violation of the provisions of Code Section 18-5-3.1 or subsection (b) of Code Section 18-5-3.2 shall further be liable for a civil fine of not less than $50,000.00; and

(1) Any person who engages in debt adjusting in violation of the provisions of Code Section 18-5-3.1 or subsection (b) of Code Section 18-5-3.2 shall further be liable for a civil fine of not less than $50,000.00; and

(2) Any person who engages in debt adjusting in violation of the provisions of Code Section 18-5-2 or subsection (a) of Code Section 18-5-3.2 shall further be liable to the debtor in an amount equal to the total of all fees, charges, or contributions paid by the debtor plus $5,000.00. Such debtor shall have the right to bring a cause of action directly against such person for violation of the provisions of this chapter.

(2) Any person who engages in debt adjusting in violation of the provisions of Code Section 18-5-2 or subsection (a) of Code Section 18-5-3.2 shall further be liable to the debtor in an amount equal to the total of all fees, charges, or contributions paid by the debtor plus $5,000.00. Such debtor shall have the right to bring a cause of action directly against such person for violation of the provisions of this chapter.

(c) The Attorney General and prosecuting attorneys shall have the authority to conduct the criminal prosecution of all cases arising under this chapter and to conduct civil prosecution of cases arising under this chapter.

(c) The Attorney General and prosecuting attorneys shall have the authority to conduct the criminal prosecution of all cases arising under this chapter and to conduct civil prosecution of cases arising under this chapter.

(d) A violation of Code Section 18-5-2 , 18-5-3.1 , or 18-5-3.2 shall additionally be a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the “Fair Business Practices Act of 1975.”

(d) A violation of Code Section 18-5-2 , 18-5-3.1 , or 18-5-3.2 shall additionally be a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the “Fair Business Practices Act of 1975.”