Georgia Commons

Official Code of Georgia Annotated

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

18-4-76. Summons of garnishment on financial institution.

Active

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

  1. “IN THE COURT OF COUNTY

  2. STATE OF GEORGIA

  3. )

  4. Plaintiff: )

  5. )

  6. )

  7. Name )

  8. )

  9. Plaintiff’s contact information: )

  10. )

  11. )

  12. Name )

  13. ) Civil Action File No.

  14. Street Address )

  15. )

  16. City State ZIP Code )

  17. )

  18. Email Address )

  19. )

  20. Phone Number )

  21. )

  22. Bar Number )

  23. )

  24. v. )

  25. )

  26. Defendant: ) Garnishment Court

  27. information:

  28. )

  29. Name ) Street Address

  30. ) , Georgia Street Address ) City

  31. )

  32. City State ZIP Code ) ZIP Code

  33. )

  34. ) Phone Number

  35. )

  36. Garnishee: )

  37. )

  38. )

  39. Name )

  40. )

  41. Street Address )

  42. )

  43. City State ZIP Code )

  44. SUMMONS OF GARNISHMENT ON A FINANCIAL

  45. INSTITUTION

  46. DO NOT USE THIS FORM IF THIS IS A CONTINUING

  47. GARNISHMENT

  48. (SEE O.C.G.A. §§ 18-4-72 and 18-4-78) OR CONTINUING

  49. GARNISHMENT FOR CHILD SUPPORT OR

  50. ALIMONY (SEE O.C.G.A. §§ 18-4-73 and 18-4-80).

  51. □ Check this box if other allegations are made against a nonjudgment Defendant pursuant to O.C.G.A. § 18-4-23.

  52. □ Check this box if this is a garnishment for child support or alimony.

  53. TO THE ABOVE-NAMED GARNISHEE:

  54. Total amount claimed due by the Plaintiff .. $

  55. Plus court costs due on this summons ....... $

  56. Total garnishment claim .................. $

  57. COURT OF JUDGMENT

  58. JUDGMENT CASE NO.

  59. YOU ARE HEREBY COMMANDED to immediately hold all money, including wages, and other property, except what is known to be exempt, including property in safe-deposit boxes or similar property that you hold, belonging to the Defendant named above beginning on the day of service of this summons and including the next five days. You are FURTHER COMMANDED to file your answer, in writing, not sooner than five days and not later than 15 days after the date you were served with this summons, with the Clerk of this Court and serve a copy of your answer upon the Plaintiff or Plaintiff’s Attorney named above and the Defendant named above, or the Defendant’s Attorney, if known, at the time of making such answer. Your answer shall state what money, including wages, or other property, except what is known to be exempt, belonging to the Defendant you hold beginning on the day of service of this summons and including the next five days. Money, including wages, or other property admitted in an answer to be subject to garnishment must be sent or delivered to the Court concurrently with your answer.

  60. If, in answering this summons, you state that the property of the Defendant includes property in a safe-deposit box or similar property, you shall answer to the Court issuing this summons as to the existence of such safe-deposit box or similar property and shall restrict access to any contents of such safe-deposit box or similar property until further order of such Court regarding the disposition of such contents or 120 days from the date of filing your answer to this summons unless such time has been extended by the Court, whichever is sooner.

  61. Should you fail to file a Garnishee Answer as required by this summons, a judgment by default will be rendered against you for the amount remaining due on the judgment as shown in the Plaintiff’s Affidavit of Garnishment.

  62. WITNESS, the Honorable , Judge of said Court.

  63. This day of , 20 .

  64. , Clerk of Court

  65. By:

  66. Deputy Clerk, Court”

Reading note: the printed indentation of one or more subsections was ambiguous, so their nesting is the extractor's best reading. The official page linked below settles any doubt.

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, § 18-4-76, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2020, p. 691, § 28/SB 443; Ga. L. 2021, p. 922, § 18/HB 497. The 2020 amendment, effective January 1, 2021, substituted “be sent” for “be paid” in the last sentence of the Command paragraph. The 2021 amendment, effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, substituted “Email Address” for “E-mail Address” in the form under “Plaintiff’s contact information”.

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 255 to 257; merge action: carried; file SHA-256 eddc877da9f2.

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