2020 Georgia Code
Title 18 - Debtor and Creditor
Chapter 4 - Garnishment Proceedings
Article 1 - General Provisions
§ 18-4-18. Priority of Conflicting Claims to Money or Property
When money or other property in court is subject to a third-party claim or to more than one garnishment case, the party with the oldest entered judgment shall have priority to such money or other property and any interested party to any one of the garnishment cases may make a motion to the court where such money or other property has been deposited for the distribution of such money or other property. Each party of interest in each case and the clerk of court shall be served with a copy of the motion. Upon hearing the motion, the court shall enter an order directing that the clerk be paid the court cost of each garnishment proceeding first, and all remaining money or other property shall be distributed in accordance with the laws governing the relative priority of claims, judgments, and liens.
(Code 1981, §18-4-18, enacted by Ga. L. 2016, p. 8, § 1/SB 255.)
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes.
- In light of the similarity of the statutory provisions, opinions rendered under former O.C.G.A. § 18-4-96 are included in the annotations for this Code section.
Summons of garnishment establishes lien which attaches from date of service.
- Summons of garnishment directing garnishee to deliver any property into court that is subject to garnishment establishes lien on subject property that attaches from date of service of summons of garnishment. 1981 Op. Att'y Gen. No. U81-25 (decided under former O.C.G.A. § 18-4-96).
Garnishment action remains ancillary to or dependent upon principal action between creditor and debtor, even though it establishes lien on subject property. 1981 Op. Att'y Gen. No. U81-25 (decided under former O.C.G.A. § 18-4-96).
Rank of judgment on which garnishment depends determines priority.
- Because of ancillary nature of garnishment, the relevant factor in determining priorities of several garnishments is rank of judgment on which garnishment is dependent and not rank of garnishment lien. 1981 Op. Att'y Gen. No. U81-25 (decided under former O.C.G.A. § 18-4-96).
Priority lien that initial garnishing creditor obtains by virtue of initial creditor's having first served garnishee does not defeat priority of subsequent garnishing creditor with senior judgment. 1981 Op. Att'y Gen. No. U81-25 (decided under former O.C.G.A. § 18-4-96).
When two or more judgment creditors claim priority to money or property that is paid into court pursuant to summons of garnishment, the garnishing creditor whose judgment is founded on senior judgment has priority over garnishing creditor whose judgment is founded on junior judgment. 1981 Op. Att'y Gen. No. U81-25 (decided under former O.C.G.A. § 18-4-96).
RESEARCH REFERENCES
ALR.
- Funds deposited in court as subject of garnishment, 1 A.L.R.3d 936.
