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 18-4-15 - Parties to garnishment; basis for exemption; form; challenge to garnishment

(a)
A garnishment proceeding is an action between the plaintiff and garnishee; provided, however, that at any time before a judgment is entered, an order to disburse funds is issued, or money or other property subject to garnishment is distributed by the court, whichever occurs first, the defendant may become a party to the garnishment by filing a claim with the clerk of court and may use the form set forth in Code Section
18-4-82
. A defendant's claim shall assert the basis upon which he or she claims that his or her money or other property is exempt from garnishment. Money or other property may be exempt from garnishment for a variety of reasons, including, but not limited to, the limitations on garnishment as provided in Code Sections
18-4-5
and
18-4-53
, exemptions as provided in Code Section
18-4-6
, the plaintiff not having a judgment against the defendant, the amount claimed due by the plaintiff being erroneous, such money or other property being subject to a claim held by a third party that is superior to the judgment described in the affidavit of garnishment, or other legal or statutory defenses. Even when earnings are held at a financial institution, such money may be exempt from garnishment due to the limitations on garnishment as provided in Code Sections
18-4-5
and
18-4-53
, exemptions as provided in Code Section
18-4-6
, or other reasons.
(b)
The defendant shall serve a copy of his or her claim upon the plaintiff and garnishee. The clerk of court shall transmit a copy of the defendant's claim to the plaintiff and garnishee. If the defendant's claim alleges that money or other property in the possession of the court may be subject to a claim held by a third party that is superior to the judgment described in the affidavit of garnishment, the defendant shall serve a copy of his or her claim upon the third party named in such claim.
(c)
The defendant shall become a party to all proceedings by filing a claim pursuant to this Code section.
(d)
Except as provided in subsection (h) of this Code section, upon the filing of the defendant's claim, a judge of the court in which the garnishment is pending shall order a hearing to be held not more than ten days from the date the claim is filed. The form for the order for such hearing is set forth in Code Section
18-4-83
. Such hearing shall be available to the defendant as a matter of right after filing his or her claim, and no further summons of garnishment shall issue nor shall any money or other property paid or delivered to the court as subject to garnishment be disbursed until the hearing shall be held.
(e)
The validity of the judgment upon which a garnishment is based shall only be challenged in accordance with Chapter 11 of Title 9, and no such challenge shall be entertained in the garnishment case. However, when the court finds that the defendant has attacked the validity of the judgment upon which the garnishment is based in an appropriate forum, the judge may order the garnishment be stayed until the validity of the judgment has been determined in such forum.
(f)
The filing of a claim by the defendant shall not relieve the garnishee of the duties of filing a garnishee answer, of withholding money or other property subject to garnishment, or of paying or delivering to the court any money or other property subject to garnishment.
(g)
A party's failure to include the civil action file number on a defendant's claim shall not affect the validity of such claim.
(h)
A court may decline to order a hearing upon, and may issue a denial of, any defendant's claim which is filed after the dismissal of a garnishment action against such defendant. Except in a continuing garnishment or continuing garnishment for support, a court may decline to order a hearing upon, and may issue a denial of, any claim filed by a defendant which comes after a judgment is entered, an order to disburse funds is issued, or money or other property subject to garnishment is distributed by the court. No claim may succeed upon any basis which was already raised and adjudicated, or which was capable of being raised and adjudicated, in any claim previously made in the same garnishment action by the same defendant.
Amended by 2020 Ga. Laws 574,§ 12, eff. 1/1/2021.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.