Georgia Commons

Title 18. DEBTOR AND CREDITOR

Chapter 4. GARNISHMENT PROCEEDINGS

57 sections · 18-4-1 to 18-4-90

Article 1. GENERAL PROVISIONS

  1. 18-4-1Definitions.
  2. 18-4-2Uniform procedures for garnishment; entitlement to procedures; application of the Civil Practice Act; amendment.
  3. 18-4-3Affidavit and requirements; summons of garnishment.
  4. 18-4-4Process of garnishment; period of garnishment.
  5. 18-4-5Maximum part of disposable earnings subject to garnishment; adverse employment action prohibited.
  6. 18-4-6Exemption from garnishment.
  7. 18-4-7Required information on summons of garnishment or attachment thereto; form usage; failure to use correct form.
  8. 18-4-8Required documents and service thereof.
  9. 18-4-9Periodic summonses; original filing date limiting extension.
  10. 18-4-10Responses by garnishee; judgment by default.
  11. 18-4-11Garnishee answer; property located in area with restricted access; physical filings allowed.
  12. 18-4-12Entity as garnishee.
  13. 18-4-13Service of garnishee’s answer.
  14. 18-4-14Recovery of reasonable expenses; recovery of actual expenses; refunds.
  15. 18-4-15Parties to garnishment; basis for exemption; form; challenge to garnishment.
  16. 18-4-16Plaintiff filing traverse.
  17. 18-4-17Third-party claimants.
  18. 18-4-18Priority of conflicting claims to money or property.
  19. 18-4-19Order of trial; introduction of evidence; expenses.
  20. 18-4-20Failure to file claim or traverse in timely manner.
  21. 18-4-21Failure of garnishee to file answer; default.
  22. 18-4-22Financial institution as garnishee; failure to answer.
  23. 18-4-23Grounds for relief from liability.
  24. 18-4-24Modification of default judgments; burden of proof.
  25. 18-4-25Release of summons of garnishment; release of garnishment.
  26. 18-4-26Local government organization and employees subject to garnishment; procedure.

Article 2. CONTINUING GARNISHMENT PROCEEDINGS

  1. 18-4-40Right to continuing garnishment process; applicable provisions.
  2. 18-4-41Affidavit of continuing garnishment; summons; notice of exemptions; form.
  3. 18-4-42Filing and contents of summons of continuing garnishment; filing of subsequent answers.
  4. 18-4-43Default judgment against garnishee in continuing garnishment; relief from default.

Article 3. CONTINUING GARNISHMENT FOR CHILD SUPPORT OR SPOUSAL SUPPORT

  1. 18-4-50Definitions.
  2. 18-4-51Continuing garnishment of support.
  3. 18-4-52Affidavit of continuing garnishment for support; service.
  4. 18-4-53Summons of continuing garnishment for support; maximum disposable income subject to garnishment; retirement funds not exempted.
  5. 18-4-54Application of money paid into court; additional garnishee answers; termination.
  6. 18-4-55Termination of continuing garnishment for support; garnishee’s reliance upon information in affidavit.

Article 4. GARNISHMENT FORMS

  1. 18-4-70Required use of forms.
  2. 18-4-71Affidavit of garnishment.
  3. 18-4-72Affidavit of continuing garnishment.
  4. 18-4-73Affidavit of continuing garnishment for support.
  5. 18-4-74Summons of garnishment.
  6. 18-4-75Attachment for summons of garnishment.
  7. 18-4-76Summons of garnishment on financial institution.
  8. 18-4-77Attachment for summons of garnishment on a financial institution.
  9. 18-4-78Summons of continuing garnishment.
  10. 18-4-79Attachment for summons of continuing garnishment.
  11. 18-4-80Summons of continuing garnishment for support.
  12. 18-4-81Attachment for summons of continuing garnishment for support.
  13. 18-4-82Notice to defendant of right against garnishment of money, including wages, and other property.
  14. 18-4-83Order for hearing on defendant’s claim.
  15. 18-4-84Garnishee answer.
  16. 18-4-85Financial institution garnishee answer.
  17. 18-4-86Garnishee answer to continuing garnishment.
  18. 18-4-87Plaintiff’s traverse.
  19. 18-4-88Third-party claim.
  20. 18-4-89Release of garnishment.
  21. 18-4-90Modification of continuing garnishment.