Skip to content
Georgia Commons
Menu

Official Code of Georgia Annotated

Title 18. DEBTOR AND CREDITOR · Chapter 4. GARNISHMENT PROCEEDINGS · Article 1. GENERAL PROVISIONS

18-4-12. Entity as garnishee.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (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.#

  2. (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.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

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).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t18-t19-(v16)-2022-pdf.pdf, Volume V16, 2022 edition, pages 197 to 198; merge action: carried; file SHA-256 eddc877da9f2.