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Official Code of Georgia Annotated

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

18-4-4. Process of garnishment; period of garnishment.

Active

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

  1. (a)

    All obligations owed by the garnishee to the defendant at the time of service of the summons of garnishment upon the garnishee and all obligations accruing from the garnishee to the defendant throughout the garnishment period shall be subject to the process of garnishment. No payment made by the garnishee to the defendant or on his or her behalf, or by any arrangement between the defendant and the garnishee, after the date of service of the summons of garnishment upon the garnishee shall defeat the lien of such garnishment.#

  2. (b)

    All money or other property of the defendant in the possession or control of the garnishee at the time of service of the summons of garnishment upon the garnishee or coming into the possession or control of the garnishee throughout the garnishment period shall be subject to the process of garnishment, provided that, in the case of collateral securities in the hands of a creditor, such securities shall not be subject to garnishment so long as there is an amount owed, even if not then due, on the debt for which the securities were given as collateral.#

  3. (c)

    The garnishment period shall begin on the day of service of the summons of garnishment and, for:#

    1. (1)

      A continuing garnishment, shall include the next 1,095 days;#

    2. (2)

      Garnishments, other than a continuing garnishment or continuing garnishment for support, served on a financial institution, shall include the next five days;#

    3. (3)

      A continuing garnishment for support, shall remain for so long as the defendant is employed by the garnishee and shall not terminate until the original arrearage is retired; and#

    4. (4)

      All other garnishments, shall include the next 29 days.#

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, § 18-4-4, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2020, p. 691, § 4/SB 443. The 2020 amendment, effective January 1, 2021, inserted “, even if not then due,” near the end of subsection (b) and substituted “1,095 days” for “179 days” in paragraph (c)(1).

Law reviews

For comment on Reeves v. Motor Contract Co., 324 F. Supp. 1011 (N.D. Ga. 1971), see 23 Mercer L. Rev. 369 (1972).

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 166 to 167; merge action: carried; file SHA-256 eddc877da9f2.

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