2021 Georgia Code
Title 18 - Debtor and Creditor
Chapter 4 - Garnishment Proceedings
Article 1 - General Provisions
- § 18-4-1. Definitions
- § 18-4-2. Uniform Procedures for Garnishment; Entitlement to Procedures; Application of the Civil Practice Act; Amendment
- § 18-4-3. Affidavit and Requirements; Summons of Garnishment
- § 18-4-4. Process of Garnishment; Period of Garnishment
- § 18-4-5. Maximum Part of Disposable Earnings Subject to Garnishment; Adverse Employment Action Prohibited
- § 18-4-6. Exemption From Garnishment
- § 18-4-7. Required Information on Summons of Garnishment or Attachment Thereto; Form Usage; Failure to Use Correct Form
- § 18-4-8. Required Documents and Service Thereof
- § 18-4-9. Periodic Summonses; Original Filing Date Limiting Extension
- § 18-4-10. Responses by Garnishee; Judgment by Default
- § 18-4-11. Garnishee Answer; Property Located in Area With Restricted Access; Physical Filings Allowed
- § 18-4-12. Entity as Garnishee
- § 18-4-13. Service of Garnishee's Answer
- § 18-4-14. Recovery of Reasonable Expenses; Recovery of Actual Expenses; Refunds
- § 18-4-15. Parties to Garnishment; Basis for Exemption; Form; Challenge to Garnishment
- § 18-4-16. Plaintiff Filing Traverse
- § 18-4-17. Third Party Claimants
- § 18-4-18. Priority of Conflicting Claims to Money or Property
- § 18-4-19. Order of Trial; Introduction of Evidence; Expenses
- § 18-4-20. Failure to File Claim or Traverse in Timely Manner
- § 18-4-21. Failure of Garnishee to File Answer; Default
- § 18-4-22. Financial Institution as Garnishee; Failure to Answer
- § 18-4-23. Grounds for Relief From Liability
- § 18-4-24. Modification of Default Judgments; Burden of Proof
- § 18-4-25. Release of Summons of Garnishment; Release of Garnishment
- § 18-4-26. Local Government Organization and Employees Subject to Garnishment; Procedure
- For note, "Postjudgment Garnishment in Georgia: Acting Largely in the Dark," see 12 Ga. L. Rev. 60 (1977). For note discussing postjudgment garnishment as a creditor's remedy, see 12 Ga. L. Rev. 814 (1978).
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarity of the statutory provisions, decisions under former Ga. L. 1976, p. 1608, § 1 et seq (former O.C.G.A. T. 18, C. 4) are included in the annotations for this article.
Constitutionality.
- Postjudgment garnishment procedure meets requirements of judicial supervision and notice, and is not unconstitutional for those reasons. Easterwood v. LeBlanc, 240 Ga. 61, 239 S.E.2d 383 (1977); Farmer v. Farmer, 147 Ga. App. 387, 249 S.E.2d 106 (1978) (decided under former Ga. L. 1976, p. 1608, § 1 et seq).
(decided under former Ga. L. 1976, p. 1608, § 1 et seq).
Georgia's garnishment statutes prior to July 1, 1975, were unconstitutional in prejudgment and postjudgment garnishment cases. Madsen v. Memorial Sales of Ga., Inc., 140 Ga. App. 178, 230 S.E.2d 115 (1976) (decided under former Ga. L. 1976, p. 1608, § 1 et seq).
RESEARCH REFERENCES
ALR.
- Attachment or garnishment of goods covered by negotiable warehouse receipt, 40 A.L.R. 969.
Garnishment of carrier in respect of goods shipped, 46 A.L.R. 933.
Attachment or garnishment as interference with foreign or interstate commerce, 85 A.L.R. 1395.
Local property of insolvent foreign corporation for which a liquidator or receiver has been appointed in another state as subject to sequestration or seizure under execution or attachment, 98 A.L.R. 351.
Effect as between garnishor and principal defendant in garnishment of judgment against garnishee, 103 A.L.R. 839.
Bank deposit as subject of garnishment for debt of depositor as affected by previous acts by bank in relation to deposit, 107 ALR 697.
Effect of judgment in garnishment proceedings as between garnishee and principal defendant, 166 A.L.R. 272.
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.
