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Official Code of Georgia Annotated

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

18-4-78. Summons of continuing garnishment.

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 CONTINUING GARNISHMENT

  45. TO THE ABOVE-NAMED GARNISHEE:

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

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

  48. Total garnishment claim ..................... $

  49. COURT OF JUDGMENT

  50. JUDGMENT CASE NO.

  51. YOU ARE HEREBY COMMANDED to immediately hold all money, including wages, and other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant named above beginning on the day of service of this summons and including the next 1,095 days. You are FURTHER COMMANDED to file your answer, in writing, not later than 45 days from 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 or obligations owed to the Defendant you hold or owe beginning on the day of service of this summons and between the time of such service and the time of making your first answer. Thereafter, you are required to file further answers no later than 45 days after your last answer. Every further answer shall state what money, including wages, and other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant you hold or owe at and from the time of the last answer to the time of the current answer. YOU MUST FILE ADDITIONAL ANSWERS UNTIL THE SOONER OF: THE PAYMENT OF THE BALANCE SHOWN ON THE SUMMONS OF GARNISHMENT, THE EXPIRATION OF 1,095 DAYS, OR THE TERMINATION OF ANY RELATIONSHIP BETWEEN GARNISHEE AND DEFENDANT WHICH INCLUDES PERIODIC PAYMENT OBLIGATIONS FROM GARNISHEE TO DEFENDANT. Money, including wages, or other property admitted in an answer to be subject to continuing garnishment must be sent or delivered to the Court concurrently with each answer.

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

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

  54. This day of , 20 .

  55. , Clerk of Court

  56. By:

  57. 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, § 18-4-78, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2020, p. 691, § 29/SB 443; Ga. L. 2021, p. 922, § 18/HB 497. The 2020 amendment, effective January 1, 2021, in the first Command paragraph, substituted “1,095 days” for “179 days” in the first sentence, substituted the present sixth sentence for the former provisions, which read: “The last answer required by this summons shall be filed no later than the 195th day after you receive the summons.”, and substituted “be sent” for “be paid” in the seventh sentence. 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 259 to 261; merge action: carried; file SHA-256 eddc877da9f2.