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Official Code of Georgia Annotated

Title 18. DEBTOR AND CREDITOR · Chapter 4. GARNISHMENT PROCEEDINGS · Article 2. CONTINUING GARNISHMENT PROCEEDINGS

18-4-43. Default judgment against garnishee in continuing garnishment; relief from default.

Active

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

  1. (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.#

  2. (b)

    A garnishee may obtain relief from a default judgment upon the same conditions as provided in Code Section 18-4-24.#

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, § 18-4-43, enacted by Ga. L. 2016, p. 8, § 1/SB 255.

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, page 237; merge action: carried; file SHA-256 eddc877da9f2.