Official Code of Georgia Annotated
Title 18. DEBTOR AND CREDITOR · Chapter 4. GARNISHMENT PROCEEDINGS · Article 1. GENERAL PROVISIONS
18-4-3. Affidavit and requirements; summons of garnishment.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
The plaintiff, the plaintiff’s attorney, or the plaintiff’s agent shall make, on personal knowledge or belief, an affidavit setting forth that the plaintiff has a judgment against a named defendant, the amount remaining due on the judgment, the name of the court which rendered the judgment, and the case number thereof.#
- (b)
Upon the filing of the affidavit described in subsection (a) of this Code section with the clerk of any court having jurisdiction to preside over garnishment proceedings, such clerk shall cause a summons of garnishment to issue, provided that the plaintiff’s affidavit is made before any officer authorized to administer oaths, a notary public, such clerk, or the deputy clerk of the court in which the garnishment is filed.#
- (c)
An affidavit of garnishment may be electronically submitted to the clerk or deputy clerk of the court if the court has promulgated rules authorizing such submission.#
- (d)
The form for an affidavit of garnishment is set forth in Code Section 18-4-71.#
- (e)
The amount remaining due on a judgment may include, at the election of the plaintiff, any and all unrecovered filing and service fees paid to a court of this state, or to any sheriff, marshal, constable, or other such person authorized by law to serve process, for previous garnishment actions based on such judgment.#
History
Code 1981, § 18-4-3, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2018, p. 820, § 1/SB 194; Ga. L. 2020, p. 691, § 3/SB 443. The 2020 amendment, effective January 1, 2021, added subsection (e).
Law reviews
For article discussing due process problems with Georgia’s post-judgment garnishment procedures, in light of City Fin. Co. v.Winston, 238 Ga. 10, 231 S.E.2d 45 (1976), see 13 Ga. St. B.J. 144 (1977).
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 164 to 165; merge action: carried; file SHA-256 eddc877da9f2.