reglab/housing_qa huggingface dataset:
GA Code § 18-4-17 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 4 - Garnishment Proceedings|Article 1 - General Provisions|§ 18-4-17. Third Party Claimants

 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.    (Code 1981, §18-4-17, enacted by Ga. L. 2016, p. 8, § 1/SB 255.)   RESEARCH REFERENCES   C.J.S.   - 38 C.J.S., Garnishment, § 379 et seq.
GA Code § 18-4-18 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 4 - Garnishment Proceedings|Article 1 - General Provisions|§ 18-4-18. Priority of Conflicting Claims to Money or Property

 When money or other property in court is subject to a third-party claim or to more than one garnishment case, the party with the oldest entered judgment shall have priority to such money or other property and any interested party to any one of the garnishment cases may make a motion to the court where such money or other property has been deposited for the distribution of such money or other property. Each party of interest in each case and the clerk of court shall be served with a copy of the motion. Upon hearing the motion, the court shall enter an order directing that the clerk be paid the court cost of each garnishment proceeding first, and all remaining money or other property shall be distributed in accordance with the laws governing the relative priority of claims, judgments, and liens.    (Code 1981, §18-4-18, enacted by Ga. L. 2016, p. 8, § 1/SB 255.)   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions rendered under former O.C.G.A. § 18-4-96 are included in the annotations for this Code section.   Summons of garnishment establishes lien which attaches from date of service.    - Summons of garnishment directing garnishee to deliver any property into court that is subject to garnishment establishes lien on subject property that attaches from date of service of summons of garnishment. 1981 Op. Att'y Gen. No. U81-25 (decided under former O.C.G.A. § 18-4-96).    Garnishment action remains ancillary to or dependent upon principal action between creditor and debtor, even though it establishes lien on subject property. 1981 Op. Att'y Gen. No. U81-25 (decided under former O.C.G.A. § 18-4-96).   Rank of judgment on which garnishment depends determines priority.    - Because of ancillary nature of garnishment, the relevant factor in determining priorities of several garnishments is rank of judgment on which garnishment is dependent and not rank of garnishment lien. 1981 Op. Att'y Gen. No. U81-25 (decided under former O.C.G.A. § 18-4-96).    Priority lien that initial garnishing creditor obtains by virtue of initial creditor's having first served garnishee does not defeat priority of subsequent garnishing creditor with senior judgment. 1981 Op. Att'y Gen. No. U81-25 (decided under former O.C.G.A. § 18-4-96).    When two or more judgment creditors claim priority to money or property that is paid into court pursuant to summons of garnishment, the garnishing creditor whose judgment is founded on senior judgment has priority over garnishing creditor whose judgment is founded on junior judgment. 1981 Op. Att'y Gen. No. U81-25 (decided under former O.C.G.A. § 18-4-96).   RESEARCH REFERENCES   ALR.   - Funds deposited in court as subject of garnishment, 1 A.L.R.3d 936.
GA Code § 18-4-20 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 4 - Garnishment Proceedings|Article 1 - General Provisions|§ 18-4-20. Failure to File Claim or Traverse in Timely Manner

  When no claim has been filed and no traverse has been filed within 20 days after the garnishee's answer is filed:   If money is paid or delivered to the court by the garnishee, the clerk of the court shall pay the money to the plaintiff or the plaintiff's attorney upon application, and the garnishee shall be automatically discharged from further liability with respect to the summons of garnishment so answered;   If property is delivered to the court by the garnishee, the sheriff, marshal, constable, or like officer of the court shall sell the property in the manner provided by law for the sale of property levied under an execution, and the garnishee shall be automatically discharged from further liability with respect to the summons of garnishment so answered. The proceeds of such sale shall be paid or delivered to the plaintiff or the plaintiff's attorney upon application; or   If money or other property admitted to be subject to the garnishment is not paid or delivered to the court, judgment shall be entered for the plaintiff and against the garnishee for such money or other property and execution shall issue on the judgment.     The application described under paragraphs (1) and (2) of subsection (a) of this Code section may be made at any time concurrent with, or following the filing of the garnishment action, and need only be made once in any such action regardless of the number of answers filed.     (Code 1981, §18-4-20, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2020,p. 691, § 16/SB 443.)    The 2020 amendment,  effective January 1, 2021, designated the existing provisions as subsection (a) and added subsection (b).   RESEARCH REFERENCES   Am. Jur. 2d.   - 6 Am. Jur. 2d, Attachment and Garnishment, § 360.
GA Code § 18-4-21 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 4 - Garnishment Proceedings|Article 1 - General Provisions|§ 18-4-21. Failure of Garnishee to File Answer; Default

 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.    (Code 1981, §18-4-21, enacted by Ga. L. 2016, p. 8, § 1/SB 255.)   Law reviews.   - For note discussing default by the garnishee, see 12 Ga. L. Rev. 814 (1978).   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarity of the statutory provisions, decisions decided under former O.C.G.A. § 18-4-90 are included in the annotations for this Code section.   When claim for default arises.    - Claim arises against the garnishee at the time the garnishee falls into default by failing to file answers in a continuing garnishment proceeding, and is separate and distinct from any claim which may have existed prior to that time. Fazio v. Growth Dev. Corp., 168 Bankr. 1009 (Bankr. N.D. Ga. 1994) (decided under former O.C.G.A. § 18-4-90).    Garnishee failed to amend the defective answer as permitted by law and, pursuant to former O.C.G.A. § 18-4-90, the garnishee was automatically in default. Because the garnishee failed to establish the presence of a nonamendable defect on the face of the record or pleadings, the court abused the court's discretion by granting the motion to set aside the default judgment. Oxmoor Portfolio, LLC v. Flooring & Tile Superstore of Conyers, Inc., 320 Ga. App. 640, 740 S.E.2d 363 (2013) (decided under former O.C.G.A. § 18-4-90).    Former O.C.G.A. § 18-4-91 only applicable to default judgments under former O.C.G.A. § 18-4-90. - Because a debtor's principal had answered a garnishment action by a judgment creditor, denying that the principal held any money or assets of the debtor, and the trial court entered a final judgment in favor of the creditor after holding an evidentiary hearing on the merits, it was error for the trial court to have reduced the judgment pursuant to the principal's motion under former O.C.G.A. § 18-4-91, as such was only applicable when a default judgment was obtained pursuant to former O.C.G.A. § 18-4-90. United Maint., Inc. v. Wilson, 265 Ga. App. 683, 595 S.E.2d 376 (2004) (decided under former O.C.G.A. § 18-4-90).   RESEARCH REFERENCES   Am. Jur. 2d.   - 6 Am. Jur. 2d, Attachment and Garnishment, § 357.
GA Code § 18-4-22 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 4 - Garnishment Proceedings|Article 1 - General Provisions|§ 18-4-22. Financial Institution as Garnishee; Failure to Answer

 When a garnishee is a financial institution and fails or refuses to file a garnishee answer by the fifteenth day after the date of service of the summons of garnishment, such garnishee shall automatically be in default. The default may be opened as a matter of right by the filing of a garnishee answer within 15 days of the day of default and payment of costs. If the case is still in default after the expiration of the period of 15 days, judgment by default may be entered at any time thereafter against such garnishee for the amount remaining due on the judgment obtained against the defendant as shown in the plaintiff's affidavit of garnishment.    (Code 1981, §18-4-22, enacted by Ga. L. 2016, p. 8, § 1/SB 255.)   Law reviews.   - For note discussing default by the garnishee, see 12 Ga. L. Rev. 814 (1978).   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarity of the statutory provisions, decisions decided under former O.C.G.A. § 18-4-90 are included in the annotations for this Code section.   When claim for default arises.    - Claim arises against the garnishee at the time the garnishee falls into default by failing to file answers in a continuing garnishment proceeding, and is separate and distinct from any claim which may have existed prior to that time. Fazio v. Growth Dev. Corp., 168 Bankr. 1009 (Bankr. N.D. Ga. 1994) (decided under former O.C.G.A. § 18-4-90).    Garnishee failed to amend the defective answer as permitted by law and, pursuant to former O.C.G.A. § 18-4-90, the garnishee was automatically in default. Because the garnishee failed to establish the presence of a nonamendable defect on the face of the record or pleadings, the court abused the court's discretion by granting the motion to set aside the default judgment. Oxmoor Portfolio, LLC v. Flooring & Tile Superstore of Conyers, Inc., 320 Ga. App. 640, 740 S.E.2d 363 (2013) (decided under former O.C.G.A. § 18-4-90).    Former O.C.G.A. § 18-4-91 only applicable to default judgments under former O.C.G.A. § 18-4-90. - Because a debtor's principal had answered a garnishment action by a judgment creditor, denying that the principal held any money or assets of the debtor, and the trial court entered a final judgment in favor of the creditor after holding an evidentiary hearing on the merits, it was error for the trial court to have reduced the judgment pursuant to the principal's motion under former O.C.G.A. § 18-4-91, as such was only applicable when a default judgment was obtained pursuant to former O.C.G.A. § 18-4-90. United Maint., Inc. v. Wilson, 265 Ga. App. 683, 595 S.E.2d 376 (2004) (decided under former O.C.G.A. § 18-4-90).   RESEARCH REFERENCES   Am. Jur. 2d.   - 6 Am. Jur. 2d, Attachment and Garnishment, § 357.
GA Code § 18-4-25 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 4 - Garnishment Proceedings|Article 1 - General Provisions|§ 18-4-25. Release of Summons of Garnishment; Release of Garnishment

  A release of a summons of garnishment:   Shall relieve the garnishee from any obligation to file a garnishee answer to any summons of garnishment pending on the date of the release and shall authorize the garnishee to pay or deliver to the defendant any money or other property in the garnishee's possession belonging to the defendant; and   Shall not operate as a dismissal of the garnishment proceeding.     It shall be the duty of the clerk of the court in which garnishment proceedings are pending to issue a release of garnishment if:   The plaintiff or the plaintiff's attorney requests a release in writing;   The amount shown to be due on the plaintiff's affidavit of garnishment together with the costs of the garnishment proceeding are paid into court;   A judge enters an order, after a hearing required by this chapter, directing that the garnishment be released; or   The garnishment is dismissed.     The form for a release of garnishment is set forth in Code Section 18-4-89.     (Code 1981, §18-4-25, enacted by Ga. L. 2016, p. 8, § 1/SB 255.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 6 Am. Jur. 2d, Attachment and Garnishment, § 400 et seq.   2C Am. Jur. Pleading and Practice Forms, Attachment and Garnishment, §§ 267, 452.
GA Code § 18-4-26 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 4 - Garnishment Proceedings|Article 1 - General Provisions|§ 18-4-26. Local Government Organization and Employees Subject to Garnishment; Procedure

  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.   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.     (Code 1981, §18-4-26, enacted by Ga. L. 2016, p. 8, § 1/SB 255.)   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions decided under former Code 1933, § 46-306 as it read after passage of former Ga. L. 1976, p. 1608, § 1 are included in the annotations under this Code section.   Subjecting National Guard to garnishment.   - National Guard is not subject to state garnishment unless garnishment is for child support or alimony. 1980 Op. Att'y Gen. No. U80-35 (decided under former Code 1933, § 46-306).   RESEARCH REFERENCES   Am. Jur. 2d.   - 6 Am. Jur. 2d, Attachment and Garnishment, § 62 et seq.   12 Am. Jur. Pleading and Practice Forms, Foreign Corporations, § 3.   ALR.    - Constitutionality of statute authorizing garnishment of salary or wages of public officials or employees, 22 A.L.R. 760; 123 A.L.R. 903.    Garnishment as suit within rule that state may not be sued without its consent, 114 A.L.R. 261.
GA Code § 18-4-40 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 4 - Garnishment Proceedings|Article 2 - Continuing Garnishment Proceedings|§ 18-4-40. Right to Continuing Garnishment Process; Applicable Provisions

  In addition to garnishment proceedings otherwise available under this chapter, in all cases when a money judgment was obtained in a court of this state or a federal court or is being enforced in this state as provided in Article 5 of Chapter 12 of Title 9, the "Uniform Foreign-Country Money Judgments Recognition Act," or Article 6 of Chapter 12 of Title 9, the "Uniform Enforcement of Foreign Judgments Law," a plaintiff shall be entitled to the process of continuing garnishment against any garnishee who is an employer of or under periodic obligations for payment to the defendant against whom the judgment has been obtained.   Unless otherwise specifically provided in this article, Article 1 of this chapter shall apply to this article.     (Code 1981, §18-4-40, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2020,p. 691, § 19/SB 443.)    The 2020 amendment,  effective January 1, 2021, inserted "or under periodic obligations for payment to" near the end of subsection (a).   RESEARCH REFERENCES   Am. Jur. 2d.   - 6 Am. Jur. 2d, Attachment and Garnishment, §§ 2, 69 et seq., 326 et seq. 31 Am. Jur. 2d, Exemptions, § 277.   C.J.S.   - 38 C.J.S., Garnishment, §§ 1 et seq., 110, 140 et seq.
GA Code § 18-4-41 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 4 - Garnishment Proceedings|Article 2 - Continuing Garnishment Proceedings|§ 18-4-41. Affidavit of Continuing Garnishment; Summons; Notice of Exemptions; Form

  In addition to the information required by subsection (a) of Code Section 18-4-3, an affidavit of continuing garnishment shall state that the plaintiff believes that the garnishee is or may be an employer of or under periodic obligations for payment to the defendant and subject to continuing garnishment.   Only one summons of continuing garnishment shall issue on one affidavit of continuing garnishment.   The plaintiff shall serve a summons of continuing garnishment and provide notice of exemptions in the same manner as provided for in Code Section 18-4-8.   The form for an affidavit of continuing garnishment is set forth in Code Section 18-4-72. The form for a summons of continuing garnishment is set forth in Code Section 18-4-78, and the optional attachment thereto is set forth in Code Section 18-4-79.     (Code 1981, §18-4-41, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2020,p. 691, § 20/SB 443.)    The 2020 amendment,  effective January 1, 2021, inserted "or under periodic obligations for payment to" near the end of subsection (a).
GA Code § 18-4-43 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 4 - Garnishment Proceedings|Article 2 - Continuing Garnishment Proceedings|§ 18-4-43. Default Judgment Against Garnishee in Continuing Garnishment; Relief From Default

  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 garnishee may obtain relief from a default judgment upon the same conditions as provided in Code Section 18-4-24.     (Code 1981, §18-4-43, enacted by Ga. L. 2016, p. 8, § 1/SB 255.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 6 Am. Jur. 2d, Attachment and Garnishment, § 386.   C.J.S.   - 38 C.J.S., Garnishment, § 416 et seq.
GA Code § 18-4-50 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 4 - Garnishment Proceedings|Article 3 - Continuing Garnishment for Child Support or Spousal Support|§ 18-4-50. Definitions

 As used in this article, the term:    "Earnings" shall have the same meaning as set forth in Code Section 18-4-1 and shall include disability or retirement benefits that are received from the Social Security Administration pursuant to Title II of the federal Social Security Act, disability benefits that are received pursuant to the federal Veterans' Benefits Act of 2010, 38 U.S.C. Section 101, et seq., workers' compensation benefits, whether temporary or permanent, and unemployment insurance benefits.   "Judgment" means an order for periodic support obtained:   In a court of this state;   In a court of another state which has been registered pursuant to Code Section 19-11-77 under the "Uniform Reciprocal Enforcement of Support Act" or as provided in Article 3 of Chapter 11 of Title 19, the "Uniform Interstate Family Support Act," or Article 6 of Chapter 12 of Title 9, the "Uniform Enforcement of Foreign Judgments Law";   By a final administrative order for support issued by the Department of Human Services; or   By a final administrative order issued by a governmental agency of another state.     "Periodic support" means money required to be paid regularly on a daily, weekly, monthly, or other similar specified frequency for the support of a minor child of the defendant or a spouse or former spouse of the defendant.     (Code 1981, §18-4-50, enacted by Ga. L. 2016, p. 8, § 1/SB 255.)   RESEARCH REFERENCES   C.J.S.   - 27B C.J.S., Divorce, § 754. 27C C.J.S., Divorce, §§ 1201, 1202.
GA Code § 18-4-51 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 4 - Garnishment Proceedings|Article 3 - Continuing Garnishment for Child Support or Spousal Support|§ 18-4-51. Continuing Garnishment of Support

  In addition to garnishment proceedings otherwise available under this chapter, in all cases when a judgment was obtained or is being enforced, a plaintiff shall be entitled to the process of continuing garnishment for support against any garnishee who is an employer of the defendant against whom the judgment has been obtained.   Unless otherwise specifically provided in this article, Articles 1 and 2 of this chapter shall apply to this article.     (Code 1981, §18-4-51, enacted by Ga. L. 2016, p. 8, § 1/SB 255.)