reglab/housing_qa huggingface dataset:
GA Code § 18-3-51 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 3 - Third-Party Claims|§ 18-3-51. Delivery of Property to Claimant Upon Payment of Bond; Return of Affidavit and Bond by Levying Officer

 The claimant, his agent, or his attorney at law may give bond, with good security, payable to the levying officer, in a sum equal to double the value of the property claimed, the value to be judged by the levying officer, conditioned to deliver the property at the time and place of sale, provided the same should be found subject to the attachment; and, upon the delivery of the bond to the levying officer, it shall be his duty to deliver such property to the claimant, his agent, or his attorney at law; and it shall be the duty of the levying officer to return the bond, together with the affidavit and claim bond, to the court to which the attachment is returnable; and, when the claim is interposed by the agent or attorney at law of the claimant, the agent or attorney at law shall have power to sign the name of the claimant to the bond, who shall be bound thereby in the same manner as though he had signed it himself.   (Laws 1836, Cobb's 1851 Digest, p. 84; Ga. L. 1855-56, p. 25, § 36; Code 1863, § 3237; Code 1868, § 3248; Code 1873, § 3324; Code 1882, § 3324; Civil Code 1895, § 4571; Civil Code 1910, § 5117; Code 1933, § 8-803.)   RESEARCH REFERENCES   ALR.    - Recovery for depreciation of property between the date it was replevied and final judgment, 24 A.L.R. 1189.    Sufficiency of offer or tender to satisfy requirement of judgment or condition of bond in replevin for delivery or redelivery of chattels, 57 A.L.R. 806.    Right of one joint owner of personal property to maintain against third person replevin, detinue, trover, or other action to recover possession or damages, 110 A.L.R. 353.   Replevin or claim-and-delivery: Modern view as to validity of statute or contractual provision authorizing summary repossession of consumer goods sold under retail installment sales contract, 45 A.L.R.3d 1233.
GA Code § 18-3-52 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 3 - Third-Party Claims|§ 18-3-52. Trial of Claim

 The third-party claim shall be tried in the same manner and subject to the same rules and regulations as are prescribed by law for the trial of other claims in the court to which it is returned.   (Ga. L. 1855-56, p. 25, § 35; Code 1863, § 3236; Code 1868, § 3247; Code 1873, § 3323; Code 1882, § 3323; Civil Code 1895, § 4570; Civil Code 1910, § 5116; Code 1933, § 8-802.)
GA Code § 18-3-53 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 3 - Third-Party Claims|§ 18-3-53. Proceedings Upon Failure of Claimant to Deliver Property Pursuant to Conditions of Bond

 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.   (Laws 1836, Cobb's 1851 Digest, p. 84; Ga. L. 1855-56, p. 25, § 37; Code 1863, § 3238; Code 1868, § 3249; Code 1873, § 3325; Code 1882, § 3325; Civil Code 1895, § 4572; Civil Code 1910, § 5118; Code 1933, § 8-804.)   RESEARCH REFERENCES   ALR.    - Recovery for depreciation of property between the date it was replevied and final judgment, 24 A.L.R. 1189.    Right of one joint owner of personal property to maintain against third person replevin, detinue, trover, or other action to recover possession or damages, 110 A.L.R. 353.   Recovery of attorney's fees as damages by successful litigant in replevin or detinue action, 60 A.L.R.2d 945.
GA Code § 18-3-54 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 3 - Third-Party Claims|§ 18-3-54. Liability of Claimant and Surety on Bond for Hire or Use of Property Where Plaintiff's Debt Unsatisfied

  In cases where the claimant shall deliver the property and upon selling the same a sufficient amount shall not be raised to pay the debt and costs of the plaintiff, the plaintiff may institute an action against the claimant and his securities upon his bond and recover the full value of the hire or use of the property while the same has been in the possession of the claimant and also full damages for any deterioration of the value of the property, by use or otherwise, while the same has been in the possession of the claimant, provided such recovery shall not exceed the amount of the debt that may remain due from the defendant in attachment to the plaintiff.   The remedy provided in this Code section is and shall be extended to all other claims in the cases herein provided for.    (Ga. L. 1855-56, p. 25, § 38; Code 1863, § 3239; Code 1868, § 3250; Ga. L. 1873, p. 42, § 1; Code 1873, § 3326; Code 1882, § 3326; Civil Code 1895, § 4573; Civil Code 1910, § 5119; Code 1933, § 8-805.)   RESEARCH REFERENCES   ALR.    - Recovery for depreciation of property between the date it was replevied and final judgment, 24 A.L.R. 1189.    Liability of garnishee to garnishing creditor for depreciation in value of property pending contest, 32 A.L.R. 572.    Sufficiency of offer or tender to satisfy requirement of judgment or condition of bond in replevin for delivery or redelivery of chattels, 57 A.L.R. 806.    Liability of surety on replevin bond as affected by amendment of pleadings in replevin, 90 A.L.R. 541.    Replevin bond or redelivery bond in replevin as covering damages for detention between judgment against principal and delivery or redelivery of property, 90 A.L.R. 972.    Right of one joint owner of personal property to maintain against third person replevin, detinue, trover, or other action to recover possession or damages, 110 A.L.R. 353.
GA Code § 18-3-55 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 3 - Third-Party Claims|§ 18-3-55. Interposition of Claim Before or After Judgment

 In cases of attachment, the claim may be interposed either before or after judgment.   (Orig. Code 1863, § 3240; Code 1868, § 3251; Code 1873, § 3327; Code 1882, § 3327; Civil Code 1895, § 4574; Civil Code 1910, § 5120; Code 1933, § 8-806.)
GA Code § 18-3-70 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 4 - Judgment, Execution, and Levy|§ 18-3-70. Property Bound by Judgment in Attachment

 When the defendant has given bond and security, or when he has appeared and made defense by himself or attorney at law without raising a valid defense of lack of jurisdiction over the person, the judgment rendered against him in such case shall bind all his property and shall have the same force and effect as when there has been personal service, and execution shall issue accordingly, but it shall be first levied upon the property attached. In all other cases, the judgment on the attachment shall only bind the property attached and the judgment shall be entered only against such property.    (Code 1933, § 8-901, enacted by Ga. L. 1982, p. 1578, § 1; Code 1981, §18-3-70, enacted by Ga. L. 1982, p. 1578, § 2.)
GA Code § 18-3-71 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 4 - Judgment, Execution, and Levy|§ 18-3-71. Setting Aside Judgment

 A judgment in attachment may be set aside in a court of law upon an issue suggesting fraud or want of consideration, tendered by a judgment creditor of the defendant in attachment.    (Code 1933, § 8-902, enacted by Ga. L. 1982, p. 1578, § 1; Code 1981, §18-3-71, enacted by Ga. L. 1982, p. 1578, § 2.)
GA Code § 18-3-72 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 4 - Judgment, Execution, and Levy|§ 18-3-72. Execution and Levy on Judgment

 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.    (Code 1933, § 8-903, enacted by Ga. L. 1982, p. 1578, § 1; Code 1981, §18-3-72, enacted by Ga. L. 1982, p. 1578, § 2.)
GA Code § 18-3-73 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 4 - Judgment, Execution, and Levy|§ 18-3-73. Application of Proceeds of Sale

 All money raised by the sale of defendant's property or otherwise, by virtue of this chapter, shall be paid over to the creditors of the defendant, according to the priority of the lien of their judgments, except that as between attaching creditors the attachment first levied shall be first satisfied to the entire exclusion of any attachment of younger levy.    (Code 1933, § 8-904, enacted by Ga. L. 1982, p. 1578, § 1; Code 1981, §18-3-73, enacted by Ga. L. 1982, p. 1578, § 2.)
GA Code § 18-3-74 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 4 - Judgment, Execution, and Levy|§ 18-3-74. When Lien Arises; Priorities

 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.    (Code 1933, § 8-905, enacted by Ga. L. 1982, p. 1578, § 1; Code 1981, §18-3-74, enacted by Ga. L. 1982, p. 1578, § 2.)
GA Code § 18-3-75 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 4 - Judgment, Execution, and Levy|§ 18-3-75. Entry on Attachment Docket; Effect of Failure to Make Such Entry

 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.    (Code 1933, § 8-906, enacted by Ga. L. 1982, p. 1578, § 1; Code 1981, §18-3-75, enacted by Ga. L. 1982, p. 1578, § 2.)
GA Code § 18-4-1 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 4 - Garnishment Proceedings|Article 1 - General Provisions|§ 18-4-1. Definitions

 As used in this chapter, the term:    "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.   "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.   "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.   "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.   "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.   "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.   "Statutory overnight delivery" shall have the same meaning as defined in Code Section 9-10-12.     (Code 1981, §18-4-1, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2020,p. 691, § 1/SB 443.)    The 2020 amendment,  effective January 1, 2021, added paragraph (7).
GA Code § 18-4-2 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 4 - Garnishment Proceedings|Article 1 - General Provisions|§ 18-4-2. Uniform Procedures for Garnishment; Entitlement to Procedures; Application of the Civil Practice Act; Amendment

  The procedure in garnishment cases shall be uniform in all courts throughout this state that have jurisdiction to preside over garnishment proceedings.   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.   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.   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.     (Code 1981, §18-4-2, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2020,p. 691, § 2/SB 443.)    The 2020 amendment,  effective January 1, 2021, added "in the state courts and superior courts of this state" at the end of subsection (c) and added "; 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" at the end of subsection (d).   RESEARCH REFERENCES   C.J.S.   - 38 C.J.S., Garnishment, § 140 et seq.   ALR.    - Discharge of attachment or garnishment, or bond for its dissolution, by subsequent amendment of pleadings or writ, 74 A.L.R. 912.
GA Code § 18-4-9 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 4 - Garnishment Proceedings|Article 1 - General Provisions|§ 18-4-9. Periodic Summonses; Original Filing Date Limiting Extension

  Summonses of garnishment may issue from time to time until the judgment is paid or the garnishment proceeding is otherwise terminated.   Except in a continuing garnishment or continuing garnishment for support, no new summons of garnishment on the same affidavit of garnishment shall be issued after two years from the date of the original filing of such affidavit. After two years from such original filing date and provided that no unadjudicated claims, traverses, appeals, motions, or other pleadings remain before the court, the garnishment proceeding, other than a continuing garnishment or continuing garnishment for support, based on such affidavit shall automatically stand dismissed unless there are funds remaining in the registry of the court or a new summons of garnishment has been issued in the preceding 30 days. In the event funds remain in the registry at such time and the plaintiff has filed its certificate of compliance pursuant to subparagraph (b)(3)(A) of Code Section 18-4-8 and has made its application for disbursement, all such funds will be deemed abandoned by the defendant and disbursed to the plaintiff, notwithstanding any other provision of this Code section.     (Code 1981, §18-4-9, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2018, p. 820, § 5/SB 194; Ga. L. 2020,p. 691, § 7/SB 443.)    The 2018 amendment,  effective May 8, 2018, substituted "After two years, the" for "The" at the beginning of the second sentence of subsection (b).    The 2020 amendment,  effective January 1, 2021, rewrote subsection (b), which read: "No new summons of garnishment on the same affidavit of garnishment shall be issued after two years from the date of the original filing of such affidavit. After two years, the garnishment proceeding based on such affidavit shall automatically stand dismissed unless there are funds remaining in the registry of the court or a new summons of garnishment has been issued in the preceding 30 days."   RESEARCH REFERENCES   Am. Jur. 2d.   - 6 Am. Jur. 2d, Attachment and Garnishment, § 342.
GA Code § 18-4-12 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 4 - Garnishment Proceedings|Article 1 - General Provisions|§ 18-4-12. Entity as Garnishee

  When a garnishment proceeding is filed in a court under any provision of this chapter involving an entity as garnishee, the execution and filing of a garnishee answer may be done by an entity's authorized officer, employee, or any individual or entity engaged by such garnishee for the purpose of processing payrolls or accounts payable and shall not constitute the practice of law. If a claim or traverse is filed to such entity's garnishee answer in a court of record, an attorney shall be required to represent such entity in further garnishment proceedings.   An entity's payment into court of any money or other property of the defendant, or money or other property which is admitted to be subject to garnishment, may be done by an entity's authorized officer, employee, or any individual or entity engaged by such garnishee for the purpose of processing payrolls or accounts payable and shall not constitute the practice of law.     (Code 1981, §18-4-12, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2020,p. 691, § 10/SB 443.)    The 2020 amendment,  effective January 1, 2021, substituted "employee, or any individual or entity engaged by such garnishee for the purpose of processing payrolls or accounts payable" in subsections (a) and (b).   Law reviews.   - For article discussing an advisory opinion issued by the Standing Committee on the Unlicensed Practice of Law on the issue of execution and filing of an answer in the garnishment action by a nonattorney employee of the garnishee, see 16 (No. 1) Ga. St. B.J. 102 (2010).   RESEARCH REFERENCES   Am. Jur. 2d.   - 6 Am. Jur. 2d, Attachment and Garnishment, § 1 et seq.
GA Code § 18-4-13 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 4 - Garnishment Proceedings|Article 1 - General Provisions|§ 18-4-13. Service of Garnishee's Answer

  All garnishee answers shall, concurrently with filing, be served by the garnishee upon the plaintiff or the plaintiff's attorney and the defendant or the defendant's attorney.     Service of the garnishee's answer upon the plaintiff shall be shown by the:   Written acknowledgment of the plaintiff or the plaintiff's attorney; or   Certificate of the garnishee or the garnishee's attorney, attached to the garnishee's answer, that a copy of the garnishee's answer was mailed to the plaintiff or the plaintiff's attorney.     No service upon the plaintiff shall be required unless the name and address of the plaintiff or the plaintiff's attorney shall legibly appear on the face of the summons of garnishment.   If the garnishee fails to serve the plaintiff, the plaintiff shall be allowed 20 days from the time the plaintiff receives actual notice of the garnishee's answer to traverse the garnishee's answer.       Service of the garnishee's answer upon the defendant shall be shown by the:   Written acknowledgment of the defendant or the defendant's attorney; or   Certificate of the garnishee or the garnishee's attorney, attached to the garnishee's answer, that a copy of the garnishee's answer was mailed to the:   Defendant's attorney; or   Defendant at the last address known to the garnishee.       No service upon the defendant shall be required by a financial institution garnishee if the defendant does not have an active account with and is not the owner of any money or other property in the possession of such financial institution.     The garnishee shall provide the defendant, by regular mail at the defendant's last address known to the garnishee, with the Notice to Defendant of Right Against Garnishment of Money, Including Wages, and Other Property and the Defendant's Claim Form that it received from the plaintiff as set forth in subsection (a) of Code Section 18-4-8.     (Code 1981, §18-4-13, enacted by Ga. L. 2016, p. 8, § 1/SB 255.)
GA Code § 18-4-16 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 4 - Garnishment Proceedings|Article 1 - General Provisions|§ 18-4-16. Plaintiff Filing Traverse

  Within 20 days after the plaintiff has been served with the garnishee's answer, the plaintiff may file a traverse stating that the garnishee's answer is untrue or legally insufficient. Such statement places in issue all questions of law and fact concerning the garnishee's answer. The form for a plaintiff's traverse is set forth in Code Section 18-4-87.   The plaintiff may also file a traverse within 30 days after the plaintiff has been served with a garnishee's motion to modify default judgment pursuant to Code Section 18-4-24 or 18-4-43, stating that the motion is untrue or legally insufficient, and by doing so bears the burden of proving that the motion to modify default was not timely, that the costs to accompany such motion were not paid or were paid in an incorrect amount, or that the total of money or property identified in and paid with garnishee's motion to modify as belonging or being owed to the defendant was not correct. The timeliness of the motion to modify, the payment of costs to accompany such motion, and the amount due from garnishee as belonging or being owed to the defendant during the applicable period are the only issues for trial on a traverse pursuant to this subsection. If a garnishee's motion to modify is found to be true and legally sufficient but for payment of costs in an incorrect amount, the court shall allow the garnishee to pay the remaining unpaid cost amount within a time not less than 30 days, shall consider the motion modified accordingly, and upon such payment shall grant the modification sought in said motion.     (Code 1981, §18-4-16, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2020,p. 691, § 13/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, 361.   C.J.S.   - 38 C.J.S., Garnishment, § 301 et seq.