reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 1 - GENERAL PROVISIONS (§§ 18-4-1 — 18-4-26) › Section 18-4-6 - Exemption from garnishment

(a)
(1)
Certain earnings or property of the defendant may be exempt from the process of garnishment.
(2)
Funds or benefits from an individual retirement account or from a pension or retirement program shall be exempt from the process of garnishment until paid or otherwise distributed to a member of such program or beneficiary thereof. Such funds or benefits, when paid or otherwise distributed to such member or beneficiary, shall be exempt from the process of garnishment only to the extent of the limitations provided in Code Section
18-4-5
for other disposable earnings, unless a greater exemption is otherwise provided by law.
(3)
Funds in an unfunded plan maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees shall not be exempt from the process of garnishment.
(4)
Exempt property shall not be considered disposable earnings for purposes of Code Section
18-4-5
or subsection (b) of Code Section
18-4-53
.
(b)
Not later than May 22, 2016, the Attorney General shall create and maintain on the Department of Law's website a list of exemptions that a defendant may be allowed by law to claim in relation to a garnishment of his or her earnings or property. The Attorney General shall revise such list when exemptions are repealed, revised, or created by law. The Attorney General shall transmit a copy of such list to each clerk of court in this state who issues summonses of garnishment and transmit a revised list when a change is made to such list.
(c)
Each clerk of court in this state who issues summonses of garnishment shall post and update such list of exemptions as promulgated by the Attorney General and shall provide such list to individuals upon request.
(d)
A defendant may claim an exemption as provided in Code Section
18-4-15
.
(e)
The fact that an exemption is not identified by the Attorney General shall not preclude a defendant from claiming an exemption.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 1 - GENERAL PROVISIONS (§§ 18-4-1 — 18-4-26) › Section 18-4-9 - Periodic summonses; original filing date limiting extension

(a)
Summonses of garnishment may issue from time to time until the judgment is paid or the garnishment proceeding is otherwise terminated.
(b)
Except in a continuing garnishment or continuing garnishment for support, no new summons of garnishment on the same affidavit of garnishment shall be issued after two years from the date of the original filing of such affidavit. After two years from such original filing date and provided that no unadjudicated claims, traverses, appeals, motions, or other pleadings remain before the court, the garnishment proceeding, other than a continuing garnishment or continuing garnishment for support, based on such affidavit shall automatically stand dismissed unless there are funds remaining in the registry of the court or a new summons of garnishment has been issued in the preceding 30 days. In the event funds remain in the registry at such time and the plaintiff has filed its certificate of compliance pursuant to subparagraph (b)(3)(A) of Code Section
18-4-8
and has made its application for disbursement, all such funds will be deemed abandoned by the defendant and disbursed to the plaintiff, notwithstanding any other provision of this Code section.
Amended by 2020 Ga. Laws 574,§ 7, eff. 1/1/2021.
Amended by 2018 Ga. Laws 459,§ 5, eff. 5/8/2018.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 1 - GENERAL PROVISIONS (§§ 18-4-1 — 18-4-26) › Section 18-4-10 - Responses by garnishee; judgment by default

(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.
(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
.
Amended by 2020 Ga. Laws 574,§ 8, eff. 1/1/2021.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 1 - GENERAL PROVISIONS (§§ 18-4-1 — 18-4-26) › Section 18-4-11 - Garnishee answer; property located in area with restricted access; physical filings allowed

(a)
Within the time prescribed by Code Section
18-4-10
, the garnishee shall file a garnishee answer. Concurrently with the garnishee's answer, the garnishee shall send or deliver to the court the money or other property admitted in the garnishee's answer to be subject to garnishment except, when the conditions of subsection (d) of Code Section
18-4-5
have been satisfied, the specified amounts of money in each answer shall, instead, be paid directly to the plaintiff.
(b)
If in responding to the summons of garnishment the garnishee shall state that the property of the defendant includes property in a safe-deposit box or similar property, the garnishee shall respond to the court issuing the summons of garnishment as to the existence of such safe-deposit box and shall restrict access to any contents of such safe-deposit box until the earlier of:
(1)
Further order of such court regarding the disposition of the contents of such safe-deposit box; or
(2)
The elapsing of 120 days from the date of filing of the garnishee answer unless such time has been extended by the court.
(c)
If the garnishee has been served with a summons in more than one garnishment case involving the same defendant, the garnishee shall state in each garnishee answer that the money or other property is being paid or delivered to a specifically named court subject to the demands of other cases and shall give the numbers of all such cases in each garnishee answer.
(d)
If the garnishee is unable to respond with the specific information required by this Code section, the garnishee's inability shall be stated in the garnishee's answer, together with all the facts plainly, fully, and distinctly set forth, so as to enable the court to give judgment thereon.
(e)
The form for a garnishee answer is set forth in Code Section
18-4-84
, and the form for a financial institution garnishee answer is set forth in Code Section
18-4-85
.
(f)
A garnishee may elect to file, and a court shall not reject, a physical answer or answers of garnishment even in courts otherwise subject to electronic filing requirements.
Amended by 2020 Ga. Laws 574,§ 9, eff. 1/1/2021.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 1 - GENERAL PROVISIONS (§§ 18-4-1 — 18-4-26) › Section 18-4-12 - Entity as garnishee

(a)
When a garnishment proceeding is filed in a court under any provision of this chapter involving an entity as garnishee, the execution and filing of a garnishee answer may be done by an entity's authorized officer, employee, or any individual or entity engaged by such garnishee for the purpose of processing payrolls or accounts payable and shall not constitute the practice of law. If a claim or traverse is filed to such entity's garnishee answer in a court of record, an attorney shall be required to represent such entity in further garnishment proceedings.
(b)
An entity's payment into court of any money or other property of the defendant, or money or other property which is admitted to be subject to garnishment, may be done by an entity's authorized officer, employee, or any individual or entity engaged by such garnishee for the purpose of processing payrolls or accounts payable and shall not constitute the practice of law.
Amended by 2020 Ga. Laws 574,§ 10, eff. 1/1/2021.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 1 - GENERAL PROVISIONS (§§ 18-4-1 — 18-4-26) › Section 18-4-13 - Service of garnishee's answer

(a)
All garnishee answers shall, concurrently with filing, be served by the garnishee upon the plaintiff or the plaintiff's attorney and the defendant or the defendant's attorney.
(b)
(1)
Service of the garnishee's answer upon the plaintiff shall be shown by the:
(A)
Written acknowledgment of the plaintiff or the plaintiff's attorney; or
(B)
Certificate of the garnishee or the garnishee's attorney, attached to the garnishee's answer, that a copy of the garnishee's answer was mailed to the plaintiff or the plaintiff's attorney.
(2)
No service upon the plaintiff shall be required unless the name and address of the plaintiff or the plaintiff's attorney shall legibly appear on the face of the summons of garnishment.
(3)
If the garnishee fails to serve the plaintiff, the plaintiff shall be allowed 20 days from the time the plaintiff receives actual notice of the garnishee's answer to traverse the garnishee's answer.
(c)
(1)
Service of the garnishee's answer upon the defendant shall be shown by the:
(A)
Written acknowledgment of the defendant or the defendant's attorney; or
(B)
Certificate of the garnishee or the garnishee's attorney, attached to the garnishee's answer, that a copy of the garnishee's answer was mailed to the:
(i)
Defendant's attorney; or
(ii)
Defendant at the last address known to the garnishee.
(2)
No service upon the defendant shall be required by a financial institution garnishee if the defendant does not have an active account with and is not the owner of any money or other property in the possession of such financial institution.
(d)
The garnishee shall provide the defendant, by regular mail at the defendant's last address known to the garnishee, with the Notice to Defendant of Right Against Garnishment of Money, Including Wages, and Other Property and the Defendant's Claim Form that it received from the plaintiff as set forth in subsection (a) of Code Section
18-4-8
.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 1 - GENERAL PROVISIONS (§§ 18-4-1 — 18-4-26) › Section 18-4-14 - Recovery of reasonable expenses; recovery of actual expenses; refunds

(a)
The garnishee shall be entitled to the garnishee's actual reasonable expenses, including attorney's fees, in preparing and filing a garnishee's answer. The amount of expenses incurred shall be taxed in the bill of costs and shall be paid by the party upon whom the cost is cast, as costs are cast in other cases. The garnishee may deduct $50.00 or 10 percent of the amount paid into court, whichever is greater, not to exceed $100.00, as reasonable attorney's fees or expenses.
(b)
If the garnishee can show that the garnishee's actual attorney's fees or expenses exceed the amount provided for in subsection (a) of this Code section, the garnishee shall petition the court for a hearing at the time of filing the garnishee's answer without deducting from the amount paid into court. Upon hearing from the parties, the court may enter an order for payment of actual attorney's fees or expenses proven by the garnishee to have been incurred reasonably in preparing and filing the garnishee's answer.
(c)
In the event the garnishee makes the deduction permitted in subsection (a) of this Code section but the costs are later cast upon the garnishee, the garnishee shall forthwith refund to the defendant the funds deducted; if the costs are later cast against the plaintiff, the court shall enter judgment in favor of the defendant and against the plaintiff for the amount of the deductions made by the garnishee.
(d)
Nothing in this Code section shall limit the reimbursement of costs incurred by a financial institution as provided in Code Section
7-1-237
, nor interfere with, exclude, or supplant any contractual arrangement for a garnishee to reimburse itself for costs or fees of legal processing due to a garnishment.
Amended by 2020 Ga. Laws 574,§ 11, eff. 1/1/2021.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 1 - GENERAL PROVISIONS (§§ 18-4-1 — 18-4-26) › Section 18-4-16 - Plaintiff filing traverse

(a)
Within 20 days after the plaintiff has been served with the garnishee's answer, the plaintiff may file a traverse stating that the garnishee's answer is untrue or legally insufficient. Such statement places in issue all questions of law and fact concerning the garnishee's answer. The form for a plaintiff's traverse is set forth in Code Section
18-4-87
.
(b)
The plaintiff may also file a traverse within 30 days after the plaintiff has been served with a garnishee's motion to modify default judgment pursuant to Code Section
18-4-24
or
18-4-43
, stating that the motion is untrue or legally insufficient, and by doing so bears the burden of proving that the motion to modify default was not timely, that the costs to accompany such motion were not paid or were paid in an incorrect amount, or that the total of money or property identified in and paid with garnishee's motion to modify as belonging or being owed to the defendant was not correct. The timeliness of the motion to modify, the payment of costs to accompany such motion, and the amount due from garnishee as belonging or being owed to the defendant during the applicable period are the only issues for trial on a traverse pursuant to this subsection. If a garnishee's motion to modify is found to be true and legally sufficient but for payment of costs in an incorrect amount, the court shall allow the garnishee to pay the remaining unpaid cost amount within a time not less than 30 days, shall consider the motion modified accordingly, and upon such payment shall grant the modification sought in said motion.
Amended by 2020 Ga. Laws 574,§ 13, eff. 1/1/2021.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 1 - GENERAL PROVISIONS (§§ 18-4-1 — 18-4-26) › Section 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
.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 1 - GENERAL PROVISIONS (§§ 18-4-1 — 18-4-26) › Section 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.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 1 - GENERAL PROVISIONS (§§ 18-4-1 — 18-4-26) › Section 18-4-20 - Failure to file claim or traverse in timely manner

(a)
When no claim has been filed and no traverse has been filed within 20 days after the garnishee's answer is filed:
(1)
If money is paid or delivered to the court by the garnishee, the clerk of the court shall pay the money to the plaintiff or the plaintiff's attorney upon application, and the garnishee shall be automatically discharged from further liability with respect to the summons of garnishment so answered;
(2)
If property is delivered to the court by the garnishee, the sheriff, marshal, constable, or like officer of the court shall sell the property in the manner provided by law for the sale of property levied under an execution, and the garnishee shall be automatically discharged from further liability with respect to the summons of garnishment so answered. The proceeds of such sale shall be paid or delivered to the plaintiff or the plaintiff's attorney upon application; or
(3)
If money or other property admitted to be subject to the garnishment is not paid or delivered to the court, judgment shall be entered for the plaintiff and against the garnishee for such money or other property and execution shall issue on the judgment.
(b)
The application described under paragraphs (1) and (2) of subsection (a) of this Code section may be made at any time concurrent with, or following the filing of the garnishment action, and need only be made once in any such action regardless of the number of answers filed.
Amended by 2020 Ga. Laws 574,§ 16, eff. 1/1/2021.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 1 - GENERAL PROVISIONS (§§ 18-4-1 — 18-4-26) › Section 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.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 1 - GENERAL PROVISIONS (§§ 18-4-1 — 18-4-26) › Section 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.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 1 - GENERAL PROVISIONS (§§ 18-4-1 — 18-4-26) › Section 18-4-24 - Modification of default judgments; burden of proof

(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.
(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.
Amended by 2020 Ga. Laws 574,§ 18, eff. 1/1/2021.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 1 - GENERAL PROVISIONS (§§ 18-4-1 — 18-4-26) › Section 18-4-25 - Release of summons of garnishment; release of garnishment

(a)
A release of a summons of garnishment:
(1)
Shall relieve the garnishee from any obligation to file a garnishee answer to any summons of garnishment pending on the date of the release and shall authorize the garnishee to pay or deliver to the defendant any money or other property in the garnishee's possession belonging to the defendant; and
(2)
Shall not operate as a dismissal of the garnishment proceeding.
(b)
It shall be the duty of the clerk of the court in which garnishment proceedings are pending to issue a release of garnishment if:
(1)
The plaintiff or the plaintiff's attorney requests a release in writing;
(2)
The amount shown to be due on the plaintiff's affidavit of garnishment together with the costs of the garnishment proceeding are paid into court;
(3)
A judge enters an order, after a hearing required by this chapter, directing that the garnishment be released; or
(4)
The garnishment is dismissed.
(c)
The form for a release of garnishment is set forth in Code Section
18-4-89
.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 1 - GENERAL PROVISIONS (§§ 18-4-1 — 18-4-26) › Section 18-4-26 - Local government organization and employees subject to garnishment; procedure

(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.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 2 - MONEY JUDGMENT CONTINUING GARNISHMENT (§§ 18-4-40 — 18-4-43) › Section 18-4-40 - Right to continuing garnishment process; applicable provisions

(a)
In addition to garnishment proceedings otherwise available under this chapter, in all cases when a money judgment was obtained in a court of this state or a federal court or is being enforced in this state as provided in Article 5 of Chapter 12 of Title 9, the "Uniform Foreign-Country Money Judgments Recognition Act," or Article 6 of Chapter 12 of Title 9, the "Uniform Enforcement of Foreign Judgments Law," a plaintiff shall be entitled to the process of continuing garnishment against any garnishee who is an employer of or under periodic obligations for payment to the defendant against whom the judgment has been obtained.
(b)
Unless otherwise specifically provided in this article, Article 1 of this chapter shall apply to this article.
Amended by 2020 Ga. Laws 574,§ 19, eff. 1/1/2021.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 2 - MONEY JUDGMENT CONTINUING GARNISHMENT (§§ 18-4-40 — 18-4-43) › Section 18-4-41 - Affidavit of continuing garnishment; summons; notice of exemptions; form

(a)
In addition to the information required by subsection (a) of Code Section
18-4-3
, an affidavit of continuing garnishment shall state that the plaintiff believes that the garnishee is or may be an employer of or under periodic obligations for payment to the defendant and subject to continuing garnishment.
(b)
Only one summons of continuing garnishment shall issue on one affidavit of continuing garnishment.
(c)
The plaintiff shall serve a summons of continuing garnishment and provide notice of exemptions in the same manner as provided for in Code Section
18-4-8
.
(d)
The form for an affidavit of continuing garnishment is set forth in Code Section
18-4-72
. The form for a summons of continuing garnishment is set forth in Code Section
18-4-78
, and the optional attachment thereto is set forth in Code Section
18-4-79
.
Amended by 2020 Ga. Laws 574,§ 20, eff. 1/1/2021.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 2 - MONEY JUDGMENT CONTINUING GARNISHMENT (§§ 18-4-40 — 18-4-43) › Section 18-4-43 - Default judgment against garnishee in continuing garnishment; relief from default

(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
.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 3 - ENFORCEMENT OF SUPPORT CONTINUING GARNISHMENT (§§ 18-4-50 — 18-4-55) › Section 18-4-50 - Definitions

As used in this article, the term:
(1)
"Earnings" shall have the same meaning as set forth in Code Section
18-4-1
and shall include disability or retirement benefits that are received from the Social Security Administration pursuant to Title II of the federal Social Security Act, disability benefits that are received pursuant to the federal Veterans' Benefits Act of 2010,
38 U.S.C. Section 101
, et seq., workers' compensation benefits, whether temporary or permanent, and unemployment insurance benefits.
(2)
"Judgment" means an order for periodic support obtained:
(A)
In a court of this state;
(B)
In a court of another state which has been registered pursuant to Code Section
19-11-77
under the "Uniform Reciprocal Enforcement of Support Act" or as provided in Article 3 of Chapter 11 of Title 19, the "Uniform Interstate Family Support Act," or Article 6 of Chapter 12 of Title 9, the "Uniform Enforcement of Foreign Judgments Law";
(C)
By a final administrative order for support issued by the Department of Human Services; or
(D)
By a final administrative order issued by a governmental agency of another state.
(3)
"Periodic support" means money required to be paid regularly on a daily, weekly, monthly, or other similar specified frequency for the support of a minor child of the defendant or a spouse or former spouse of the defendant.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 3 - ENFORCEMENT OF SUPPORT CONTINUING GARNISHMENT (§§ 18-4-50 — 18-4-55) › Section 18-4-51 - Continuing garnishment of support

(a)
In addition to garnishment proceedings otherwise available under this chapter, in all cases when a judgment was obtained or is being enforced, a plaintiff shall be entitled to the process of continuing garnishment for support against any garnishee who is an employer of the defendant against whom the judgment has been obtained.
(b)
Unless otherwise specifically provided in this article, Articles 1 and 2 of this chapter shall apply to this article.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 3 - ENFORCEMENT OF SUPPORT CONTINUING GARNISHMENT (§§ 18-4-50 — 18-4-55) › Section 18-4-52 - Affidavit of continuing garnishment for support; service

(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.
(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
.
(d)
The form for an affidavit of continuing garnishment for support is set forth in Code Section
18-4-73
.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 3 - ENFORCEMENT OF SUPPORT CONTINUING GARNISHMENT (§§ 18-4-50 — 18-4-55) › Section 18-4-53 - Summons of continuing garnishment for support; maximum disposable income subject to garnishment; retirement funds not exempted

(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.
(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.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 3 - ENFORCEMENT OF SUPPORT CONTINUING GARNISHMENT (§§ 18-4-50 — 18-4-55) › Section 18-4-54 - Application of money paid into court; additional garnishee answers; termination

(a)
The money paid into court with the initial garnishee answer, after deduction for costs, shall be first applied to the support payment required to be paid on a periodic basis that has accrued on a daily basis, by converting the periodic amount to an annual amount and dividing by 365, from the date of the plaintiff's affidavit of continuing garnishment for support to the date of the initial garnishee answer. All sums in excess of such payment shall be applied to the original arrearage. As used in this subsection, the term "original arrearage" means the sum of arrears existing as of the date of the making of the plaintiff's affidavit of continuing garnishment for support, plus any amounts includable pursuant to subsection (c) of this Code section.
(b)
If the amount claimed as original arrearage as of the date of the making of the plaintiff's affidavit of continuing garnishment for support is not satisfied by the money payable into court under the initial garnishee answer, after application of the funds as set forth in subsection (a) of this Code section, the garnishee shall file further garnishee answers no later than 45 days after the previous garnishee answer date, stating the earnings accrued and the basis of their accrual and tendering such money accruing in such period. The amounts paid into court pursuant to subsequent garnishee answers, over and above the periodic payment accruing within such period, shall be applied to the original arrearage until the same is retired.
(c)
If the money paid into court pursuant to any garnishee answer is less than the sums due under the support requirement accruing over the same period of time, after allowance for any costs deductible from same, the resulting difference shall be added to the amount due as original arrearage until the same is retired by subsequent payments.
(d)
The garnishee shall file additional garnishee answers until the original arrearage is retired and all support payments are current.
(e)
Upon the termination of employment of or periodic obligations for payment to the defendant by the garnishee, the garnishee shall be required to file a final garnishee answer stating the date of the defendant's termination. After any two preceding, timely garnishee answers filed at least 30 days apart advise that no payments are owed the defendant, the garnishee may elect to file a final garnishee answer, identified as such; provided, however, that such garnishee's answer shall be filed not later than 45 days after service of the summons of continuing garnishment or 45 days after the previous garnishee answer date, whichever is later.
Amended by 2020 Ga. Laws 574,§ 22, eff. 1/1/2021.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 3 - ENFORCEMENT OF SUPPORT CONTINUING GARNISHMENT (§§ 18-4-50 — 18-4-55) › Section 18-4-55 - Termination of continuing garnishment for support; garnishee's reliance upon information in affidavit

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.
Amended by 2020 Ga. Laws 574,§ 23, eff. 1/1/2021.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 4 - FORMS (§§ 18-4-70 — 18-4-90) › Section 18-4-70 - Required use of forms

(a)
For the purpose of this chapter, the forms contained in this article shall be required to be used; provided, however, that a party may use its own format so long as it contains all of the information in the form. A defendant may use the form provided in Code Section
18-4-82
to file a claim or may use the defendant's own pleading. When a case involves more than one plaintiff, defendant, or garnishee, or necessitates the inclusion of additional information, the form may be expanded to allow for the information pertaining to all parties and such additional information to be displayed. Each summons of garnishment issued in an action shall display in the caption the name of the garnishee on whom that summons is to be served.
(b)
The certificates of service provided within the forms in this article are included as examples. A party may modify a certificate of service in accordance with the circumstances of the case, including, but not limited to, transmission by email as provided in subsection (b) of Code Section
9-11-5
or by court rule.
(c)
A court may combine multiple forms.
Amended by 2021 Ga. Laws 307,§ 18, eff. 5/10/2021.
Amended by 2020 Ga. Laws 574,§ 24, eff. 1/1/2021.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 4 - FORMS (§§ 18-4-70 — 18-4-90) › Section 18-4-71 - Affidavit of garnishment

"IN THE __________________ COURT OF __________________ COUNTY
STATE OF GEORGIA
)
Plaintiff:
)
)
__________________
)
Name
)
)
Plaintiff's contact information:
)
)
__________________
)
Name
)
__________________
)
Civil Action File No.
Street Address
)
__________________
)
__________________
City State ZIP Code
)
__________________
)
E-mail Address
)
__________________
)
Phone Number
)
__________________
)
Bar Number
)
)
v.
)
)
Defendant:
)
)
__________________
)
Name
)
__________________
)
Street Address
)
__________________
)
City State ZIP Code
)
)
Garnishee:
)
)
__________________
)
Name
)
__________________
)
Street Address
)
__________________
)
City State ZIP Code
)
AFFIDAVIT OF GARNISHMENT
[]
Check this box if the Garnishee is a financial institution
.
[]
Check this box if garnishment is for the collection of child
support or alimony. See O.C.G.A. §
18-4-50
, et seq.
Personally appeared __________________, who on oath says:
(Print name)
1.
I am the (Plaintiff) (Attorney at Law for Plaintiff) (Agent for Plaintiff). [Circle one]
2.
The Plaintiff obtained a judgment against the Defendant in Case Number __________________ in the __________________ Court of __________________ County, __________________, and State
no agreement requires forbearance from the garnishment which is applied for currently.
3.
$__________________ is the balance due, which consists of the sum of $__________________ Principal, $__________________ Postjudgment interest, and $__________________ Other (e.g., prejudgment interest, attorney's fees, costs [exclusive of the cost of this action]).
4.
Upon the Affiant's personal knowledge or belief, the sum stated herein is unpaid.
This __________________ day of __________________, 20__________________.
__________________
Affiant
__________________
Print name of Affiant
Sworn to and subscribed before me this __________________ day of __________________, 20__________________.
__________________
Notary Public or Deputy Clerk of Court"
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 4 - FORMS (§§ 18-4-70 — 18-4-90) › Section 18-4-72 - Affidavit of continuing garnishment

"IN THE __________________ COURT OF __________________ COUNTY
STATE OF GEORGIA
)
Plaintiff:
)
)
__________________
)
Name
)
)
Plaintiff's contact information:
)
)
__________________
)
Name
)
__________________
)
Civil Action File No.
Street Address
)
__________________
__________________
)
City State ZIP Code
)
__________________
)
Email Address
)
__________________
)
Phone Number
)
__________________
)
Bar Number
)
)
v.
)
)
Defendant:
)
)
__________________
)
Name
)
__________________
)
Street Address
)
__________________
__________________
)
City State ZIP Code
)
__________________
)
Garnishee:
)
__________________
)
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. SEE 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, __________________, and no agreement State
requires forbearance from the garnishment which is applied for currently.
3.
$__________________ is the balance due, which consists of the sum of $__________________ Principal, $__________________ Postjudgment interest, and$__________________ Other (e.g., prejudgment interest, attorney's fees, costs[exclusive of the cost of this action]).
4.
Upon the Affiant's personal knowledge or belief, the sum stated herein is unpaid.
5.
The Affiant believes that the Garnishee is an employer of orunder periodic obligations for payment of funds to the Defendant.
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"
Amended by 2021 Ga. Laws 307,§ 18, eff. 5/10/2021.
Amended by 2020 Ga. Laws 574,§ 25, eff. 1/1/2021.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 4 - FORMS (§§ 18-4-70 — 18-4-90) › Section 18-4-75 - Attachment for summons of garnishment

"IN THE __________________ COURT OF __________________ COUNTY
STATE OF GEORGIA
)
__________________
)
Plaintiff
)
)
v.
)
Civil Action File No.
)
__________________
)
__________________
Defendant
)
)
__________________
)
Garnishee
)
ATTACHMENT FOR SUMMONS OF GARNISHMENT
Other known names of the Defendant:
______________________________________________________
Current and past addresses of the Defendant:
______________________________________________________
Social security number or federal tax identification number of the
Defendant:
______________________________________________________
THIS PLEADING SHALL NOT BE FILED WITH THE COURT"
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.