2006 Georgia Code - 18-4-66

18-4-66. For the purpose of Articles 1 through 5 of this chapter, the following forms are declared to be sufficient for garnishment after judgment, provided that nothing in this Code section shall be construed to require the use of particular forms in any proceeding under this article: (1) Garnishment affidavit.
IN THE ______ COURT OF __________ COUNTY
STATE OF GEORGIA
__________ )
Plaintiff ) ) v. ) Civil action ) File no. ____ __________ )
Defendant ) ) __________ )
Garnishee ) ) __________ )
Address )
GARNISHMENT AFFIDAVIT
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
Sworn to and subscribed
before me this _____
day of ______________, ____.
_______________________
________________
Plaintiff´s attorney (2) Summons of garnishment.
IN THE ______ COURT OF __________ COUNTY
STATE OF GEORGIA
__________ )
Plaintiff ) ) v. ) Civil action ) File no. ____ __________ )
Defendant )
Social security )
number ) ) __________ )
Garnishee ) ) __________ )
Address )
SUMMONS OF GARNISHMENT
To: ______________ Garnishee
Amount claimed due by plaintiff $________
(To be completed by plaintiff)
Plus court costs due on the summons $________
(To be completed by the 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 and the time of making your answer. Not sooner than 30 days but 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. Money or other property subject to this summons should be delivered to the court with your answer. Should you fail to answer 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) Defendant´s traverse and order thereon.
IN THE ______ COURT OF __________ COUNTY
STATE OF GEORGIA
__________ )
Plaintiff ) ) v. ) Civil action ) File no. ____ __________ )
Defendant ) ) __________ )
Garnishee )
TRAVERSE OF DEFENDANT
Now comes the defendant in the above-styled case and traverses the plaintiff´s affidavit by saying the same is untrue or legally insufficient.
____________________
Defendant or his
attorney at law
ORDER
It is hereby ordered that a hearing be held upon the defendant´s traverse before this court on the ______ day of ______________, ____, at __:__ _. M., and that a copy of the defendant´s traverse and this order be served as provided by law. This ____ day of ______________, ____.
____________________
Judge,
______ Court of ______ County (CERTIFICATE OF SERVICE) (4) Answer of garnishee.
IN THE ______ COURT OF __________ COUNTY
STATE OF GEORGIA
__________ )
Plaintiff ) ) v. ) Civil action ) File no. ____ __________ )
Defendant ) ) __________ )
Garnishee )
ANSWER OF GARNISHEE
1. At the time of service or from the time of service to the time of this answer, garnishee had in his possession the following described property of the defendant: ____________________________________________________________________ ____________________________________________________________________ 2. At the time of service or from the time of service to the time of this answer, all debt accruing from garnishee to defendant is 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 garnishment 4. Garnishee further states: _________________________________________________.
____________________
Garnishee or his
attorney at law (CERTIFICATE OF SERVICE) (5) Plaintiff´s traverse.
IN THE ______ COURT OF __________ COUNTY
STATE OF GEORGIA
__________ )
Plaintiff ) ) v. ) Civil action ) File no. ____ __________ )
Defendant ) ) __________ )
Garnishee )
TRAVERSE OF PLAINTIFF
Now comes the plaintiff in the above-styled case and traverses the garnishee´s answer by saying the same is untrue or legally insufficient.
____________________
Plaintiff or his
attorney at law (CERTIFICATE OF SERVICE) (6) Release of garnishment.
IN THE ______ COURT OF __________ COUNTY
STATE OF GEORGIA
__________ )
Plaintiff ) ) v. ) Civil action ) File no. ____ __________ )
Defendant ) ) __________ )
Garnishee ) ) __________ )
Address )
RELEASE OF GARNISHMENT
To: ______________ Garnishee This is to notify you that you have been released from filing an answer to any and all summons of garnishment pending as of this date in the above-styled case. This release authorizes you to deliver to the defendant in garnishment any money or other property in your possession belonging to the defendant. This release does not terminate the garnishment proceedings, nor does this release relieve you of any obligation placed on you by the service of a summons of garnishment subsequent to this date. This ______ day of ______________, ____.
____________________
Clerk,
______ Court of ______ County (7) Attachment to summons of garnishment upon a financial institution.
IN THE ______ COURT OF __________ COUNTY
STATE OF GEORGIA
__________ )
Plaintiff ) ) v. ) Civil action ) File no. ____ __________ )
Defendant ) ) _________________ )
Other known names )
of Defendant ) ) ________________ )
Current and past )
addresses of Defendant ) ) ______________________ )
Social security number )
or federal tax )
identification number )
of Defendant ) ) ______________________ )
Account or identification )
numbers of Defendant )
used by Garnishee ) ) _________________ )
Other allegations ) ) __________ )
Garnishee )