2006 Georgia Code - 18-4-118

18-4-118. For purposes of this article, the following forms are declared to be sufficient, along with those provided in Code Section 18-4-66, for continuing garnishment, provided that nothing in this Code section shall be construed to require the use of particular forms in any proceeding under this article: (1) Affidavit of continuing garnishment.
IN THE ______ COURT OF __________ COUNTY
STATE OF GEORGIA
__________ )
Plaintiff ) ) v. ) Civil action ) File no. ____ __________ )
Defendant ) ) __________ )
Garnishee ) ) __________ )
Address )
AFFIDAVIT OF CONTINUING GARNISHMENT
Personally appeared the undersigned affiant who on oath says that he is the above plaintiff, his agent, or his attorney at law and that the above defendant is indebted to said plaintiff on a judgment described as follows: ________ is the case number in the ______ Court of __________ County which rendered the judgment against the defendant, $________ being the balance thereon. Affiant further states that affiant believes that garnishee is or may be an employer of the defendant and subject to continuing garnishment.
________________
Affiant
Sworn to and subscribed
before me this ________
day of ______________, ____.
_______________________
________________
Plaintiff´s attorney
(2) Summons of continuing garnishment.
IN THE ______ COURT OF __________ COUNTY
STATE OF GEORGIA
__________ )
Plaintiff ) ) v. ) Civil action ) File no. ____ __________ )
Defendant )
Social security )
number ) ) __________ )
Garnishee ) ) __________ )
Address )
SUMMONS OF CONTINUING GARNISHMENT
To: ______________ Garnishee
Amount claimed due by plaintiff $________
(To be completed by plaintiff)
Plus court costs due on this summons $________
(To be completed by clerk) YOU ARE HEREBY COMMANDED to hold immediately all property, money, wages, except what is exempt, belonging to the defendant, or debts owed to the defendant named above at the time of service of this summons and between the time of service of this summons to and including the one hundred seventy-ninth day thereafter. Not later than 45 days after you are served with this summons, you are commanded to file your answer in writing with the clerk of this court and serve a copy upon the plaintiff or his attorney named below. This answer shall state what property, money, and wages, except what is exempt, belonging to the defendant, or debts owed to the defendant, you hold or owe at the time 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 property, money, and wages, except what is exempt, belonging to the defendant or debts owed to the defendant, you hold or owe at and from the time of the last answer to the time of the current answer. The last answer required by this summons shall be filed no later than the one hundred ninety-fifth day after you receive this summons. Money or other property admitted in an answer to be subject to continuing garnishment must be delivered to the court with your answers. Should you fail to file answers as required by this summons, a judgment will be rendered against you for the amount the plaintiff claims due by the defendant. Witness the Honorable ______________, Judge of said Court. This ______ day of ______________, ____.
____________________
Clerk,
______ Court of __________ County
____________________
Plaintiff´s attorney
______________
Address Service perfected on garnishee, this ______ day of ______________, ____.
____________________
Deputy marshal, sheriff,
or constable (3) Answer of continuing garnishment.
IN THE ________ COURT OF __________ COUNTY
STATE OF GEORGIA
__________ )
Plaintiff ) ) v. ) Civil action ) File no. ____ __________ )
Defendant ) ) __________ )
Garnishee ) ) __________ )
Address )
ANSWER OF CONTINUING GARNISHMENT
1. From the time of service of this summons of continuing garnishment, if this is the first answer to such summons, otherwise from the time of the last answer to this summons of continuing garnishment, until the time of this answer, garnishee had in his possession the following described property of the defendant: ____________________________________________________________________
____________________________________________________________________ 2. From the time of service of this summons of continuing garnishment, if this is the first answer to such summons, otherwise from the time of the last answer to this summons of continuing garnishment, until the time of this answer, all debts accruing from garnishee to the defendant are in the amount of $________. 3. $________ of the amount named in paragraph 2 was wages earned at the rate of $________ per ________ for the period beginning (date) , ____, through the time of making this answer. The amount of wages which is subject to this garnishment is computed as follows: $________ Gross earnings $________ Total social security and withholding tax $________ Total disposable earnings $________ Amount of wages subject to continuing garnishment 4. ( ) If checked, defendant is not presently employed by this garnishee and, if employed by garnishee on or after service of this summons of continuing garnishment, was most recently terminated as of the ______ day of ______________, ____. 5. ( ) If checked, this is the last answer this garnishee is required to file to the presently pending summons of continuing garnishment in the above-styled case. 6. Garnishee further states: ________.
___________________
Garnishee or his
attorney at law (CERTIFICATE OF SERVICE)

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