2020 Georgia Code
Title 18 - Debtor and Creditor
Chapter 4 - Garnishment Proceedings

- Executions and judicial sales, T. 9, C. 13.

Use of garnishment to collect taxes, § 48-2-55.

Garnishments, Uniform Rules for the Superior Courts of Georgia, Rule 15.1.

- Former Chapter 4, relating to garnishment proceedings, and consisting of Code Sections 18-4-1 through 18-4-135, was repealed by Ga. L. 2016, p. 8, § 1/SB 255, effective May 12, 2016. The former Chapter was based on Ga. L. 1976, p. 1608, §§ 1, 2; Ga. L. 1977, p. 159, §§ 1-3; Ga. L. 1977, p. 634, § 1; Ga. L. 1977, p. 783, § 1; Ga. L. 1980, p. 1769, §§ 1-8; Ga. L. 1981, p. 383, § 1; Ga. L. 1981, p. 804, § 1; Ga. L. 1982, p. 3, § 18; Ga. L. 1983, p. 454, § 1; Ga. L. 1983, p. 683, § 1; Ga. L. 1984, p. 370, §§ 1, 2; Ga. L. 1984, p. 1319, § 2; Ga. L. 1985, p. 149, § 18; Ga. L. 1985, p. 785, §§ 1, 2; Ga. L. 1985, p. 1632, §§ 1-5; Ga. L. 1990, p. 360, § 1; Ga. L. 1996, p. 317, § 1; Ga. L. 1997, p. 941, §§ 1-5; Ga. L. 1997, p. 1613, § 5; Ga. L. 1999, p. 81, § 18; Ga. L. 2000, p. 1589, § 3; Ga. L. 2006, p. 119, § 1/HB 149; Ga. L. 2009, p. 453, § 2-2/HB 228; Ga. L. 2012, p. 2, §§ 1-17/HB 683; Ga. L. 2014, p. 482, §§ 7-9/SB 386.

- For article as to federal restrictions on garnishment, see 21 Mercer L. Rev. 495 (1970). For article, "Garnishment Restrictions Under Federal Law," see 6 Ga. St. B.J. 399 (1970). For article critically analyzing the various elements constitutionally required for prejudgment seizure of a debtor's property, focusing on § 9-503 of the U.C.C., see 28 Mercer L. Rev. 665 (1977). For article on the 2016 enactment of this chapter, see 33 Ga. St. U. L. Rev. 41 (2016). For note discussing the constitutionality of former Georgia garnishment laws, see 28 Mercer L. Rev. 341 (1976). For note discussing intervention by defendants and third persons into garnishment proceedings, see 12 Ga. L. Rev. 814 (1978). For note discussing notice and judicial supervision in postjudgment garnishment in Georgia, see 26 Emory L.J. 597 (1977). For comment discussing due process problems with Georgia's prejudgment procedures prior to the adoption of the 1976 Acts on garnishment, in light of Hall v. Stone, 229 Ga. 96, 189 S.E.2d 403 (1972), see 9 Ga. St. B.J. 336 (1973).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Ga. L. 1855-6, pp. 36, 37, former Civil Code 1895, §§ 4705, 4709, and former Civil Code 1910, §§ 5265, 5268, and 5269, and Ga. L. 1976, p. 1608, § 1 et seq (former O.C.G.A. T. 18, C. 4) are included in the annotations for this chapter.

- Garnishment in attachment must comply with defendant's due process rights under a valid garnishment statute. Coursin v. Harper, 144 Ga. App. 4, 240 S.E.2d 565 (1977) (decided under former law).

Proceedings on garnishment in attachment which do not comply with statutory provisions violate defendant's due process rights under United States and Georgia Constitutions. Coursin v. Harper, 144 Ga. App. 4, 240 S.E.2d 565 (1977) (decided under former law).

- See North Ga. Finishing, Inc. v. Di-Chem, Inc., 419 U.S. 601, 95 S. Ct. 719, 42 L. Ed. 2d 751 (1975) (decided under former law).

- Garnishment proceeding is a distinct suit against a separate party, and for an entirely new cause of action, and such proceeding, being purely statutory and in derogation of common law, must be strictly pursued. Anderson v. Ledbetter-Johnson Contractors, 62 Ga. App. 732, 9 S.E.2d 860 (1940) (decided under former law).

- Former Georgia garnishment law was a special statutory proceeding enacted subsequent to the first Georgia Constitution and was in derogation of the common law. Thus, a garnishment action was not a civil action of such a nature in which a trial by jury was guaranteed. Mull v. Mull, 167 Ga. App. 687, 307 S.E.2d 675 (1983) (decided under former O.C.G.A. T. 18, C. 4).

Garnishment constitutes a distinct suit against separate party for an entirely new cause of action. Ahrens & Ott Mfg. Co. v. Patton Sash, Door & Bldg. Co., 94 Ga. 247, 21 S.E. 523 (1894) (decided under former Ga. L. 1855-56, p. 36); Woods v. Massachusetts Mills, 17 Ga. App. 422, 87 S.E. 688 (1916); Lamb v. Whitman, 17 Ga. App. 687, 87 S.E. 1095 (1916); Jones v. Maril, 19 Ga. App. 216, 91 S.E. 445 (1917) (decided under former Civil Code 1910, § 5265).

Issuance of successive summons of garnishment is permissible. Born v. Williams & Bro., 81 Ga. 796, 7 S.E. 868 (1888); Pratt v. Young, 90 Ga. 39, 15 S.E. 630 (1892), (decided under former Ga. L. 1855-56, p. 37).

Original summons is served, rather than a copy thereof, and it is unnecessary that a copy be put on file. 397 U.S. 1008, 90 S. Ct. 1236, 25 L. Ed. 2d 421 (1970) (decided under former Civil Code 1910, § 5269).

Only evidence record showing to whom summons directed and to what court returnable is officer's entry. Tifton Compress Co. v. Robinson, 31 Ga. App. 350, 120 S.E. 701 (1923) (decided under former Civil Code 1910, § 5269).

- Appearance and pleading waives all objections to process and return of officer. Flournoy & Epping v. Rutledge, 73 Ga. 735 (1884) (decided under former Ga. L. 1855-56, p. 37).

Defective service waived by appearance of garnishee. Dooly v. Miles, 101 Ga. 797, 29 S.E. 118 (1897) (decided under former Civil Code 1895, § 4709).

Summons returnable to justice court, when main suit pending in the superior court, is void. Durden v. Belt, 61 Ga. 545 (1878) (decided under former Ga. L. 1855-56, p. 37).

- Promise by officer that the officer would notify garnishee when to answer, coupled with sheer ignorance on part of latter, was not an excuse. Jones v. Bibb Brick Co., 120 Ga. 321, 48 S.E. 25 (1904) (decided under former Civil Code 1895, § 4709).

Attorney at law of corporation cannot verify answer. Plant & Son v. Mutual Life Ins. Co., 92 Ga. 636, 19 S.E. 719 (1893) (decided under Ga. L. 1855-56, p. 37).

- Garnishee cannot attack judgment for causes anterior to rendition when garnishee failed to make timely answer. Henderson v. Mutual Fertilizer Co., 150 Ga. 465, 104 S.E. 229 (1920) (decided under former Civil Code 1910, § 5269).

- When the plaintiff fails to recover in original suit, the defendant may recover as damages the premium on, and expenses paid in procuring dissolution bond, and reasonable attorneys fees. Collins v. Myers, 30 Ga. App. 151, 117 S.E. 265 (1923) (decided under former Civil Code 1910, § 5268).

- Claim, debt, or demand owing by garnishee to the defendant, to be subject to process of garnishment cannot be an unliquidated claim for damages against the garnishee. Curtis v. Bailey, 51 Ga. App. 119, 179 S.E. 633 (1935) (decided under former Civil Code 1910, § 5265).

Debt due jointly to defendant and nonparty, by weight of authority, cannot be garnished. Bryant v. McCrary, 40 Ga. App. 685, 151 S.E. 236 (1929) (decided under former Civil Code 1910, § 5265).

- See Henley v. Colonial Stages S., Inc., 56 Ga. App. 722, 193 S.E. 905 (1937) (decided under former Civil Code 1910, § 5265).

Garnishment proceedings are purely statutory and cannot be extended to property not subject to process. Weston v. Beverly & McCollum, 10 Ga. App. 261, 73 S.E. 404 (1912) (decided under former Civil Code 1910, § 5265).

Tort for conversion must be reduced to final judgment before garnishment will lie. Southern Ry. v. Hodgson Bros. Co., 148 Ga. 851, 98 S.E. 541 (1919) (decided under former Civil Code 1910, § 5265).

Garnishment lies in suit on dormant judgment. Bridges v. North, 22 Ga. 52 (1857) (decided under Ga. L. 1855-6, p. 36); Atlanta & W.P.R.R. v. Farmers' Exch., 6 Ga. App. 405, 65 S.E. 165 (1909) (decided under former Civil Code 1895, § 4705).

RESEARCH REFERENCES

C.J.S.

- 38 C.J.S., Garnishment, §§ 1 et seq., 60 et seq., 209 et seq.

- Right of one to summon or charge himself as garnishee, 31 A.L.R. 711, 61 A.L.R. 1458.

Liability of garnishee to garnishing creditor for depreciation in value of property pending contest, 32 A.L.R. 572.

Attachment or garnishment of goods covered by negotiable warehouse receipt, 40 A.L.R. 969.

Judgment as subject to garnishment in another court of the state in which it was rendered, 43 A.L.R. 190.

Garnishee's duty as to protection of rights of principal defendant or third person, 45 A.L.R. 646.

Garnishment of carrier in respect of goods shipped, 46 A.L.R. 933.

Garnishment of fire insurer, 53 A.L.R. 724.

Foreign attachment or garnishment upon which jurisdiction is dependent resting upon property coming into hands of garnishee, or obligations having their inception, after service of the writ, 53 A.L.R. 1022.

Garnishment of salaries, wages, or commissions not expressly exempted by statute, 56 A.L.R. 601.

Accounts in one's hands for collection as subject of garnishment, 60 A.L.R. 884.

Expiration of period of life of judgment as affecting pending garnishment proceeding by judgment creditor against one indebted to judgment debtor, 75 A.L.R. 1359.

Interest of mortgagor or pledgor in property in possession of mortgagee or pledgee as subject of garnishment, 83 A.L.R. 1383.

Attachment or garnishment as interference with foreign or interstate commerce, 85 A.L.R. 1395.

Effect as between garnishor and principal defendant in garnishment of judgment against garnishee, 103 A.L.R. 839.

Home Owners' Loan Corporation or other similar agency as subject to garnishment, 108 A.L.R. 705.

Affidavit of substantial defense to the merits in an attachment or garnishment proceeding as a general appearance, 116 A.L.R. 1215.

Garnishment as remedy in case of violation of bulk sales law, 155 A.L.R. 1061.

Removability to federal court of garnishment proceedings, 22 A.L.R.2d 904.

Garnishee's pleading, answering interrogatories, or the like, as affecting his right to assert court's lack of jurisdiction, 41 A.L.R.2d 1093.

Right of garnishee, other than bank holding deposit, to set off claims not due or certain when garnishment is served, 57 A.L.R.2d 700.

Recovery of damages for mental anguish, distress, suffering, or the like, in action for wrongful attachment, garnishment, sequestration, or execution, 83 A.L.R.3d 598.