2021 Georgia Code
Title 18 - Debtor and Creditor
Chapter 4 - Garnishment Proceedings
Article 1 - General Provisions
§ 18-4-2. Uniform Procedures for Garnishment; Entitlement to Procedures; Application of the Civil Practice Act; Amendment
- The procedure in garnishment cases shall be uniform in all courts throughout this state that have jurisdiction to preside over garnishment proceedings.
- In all cases when a money judgment was obtained in a court of this state or a federal court or is being enforced in this state as provided in Article 5 of Chapter 12 of Title 9, the "Uniform Foreign-Country Money Judgments Recognition Act," or Article 6 of Chapter 12 of Title 9, the "Uniform Enforcement of Foreign Judgments Law," the plaintiff shall be entitled to the process of garnishment.
- Except as otherwise provided in this chapter, Chapter 11 of Title 9 shall apply in garnishment proceedings in the state courts and superior courts of this state.
- Any affidavit, garnishee answer, or pleading required or permitted by this chapter shall be amendable at any time before judgment is entered or before money or other property subject to garnishment is distributed by the court; however, no person or entity not named as garnishee in the original affidavit of garnishment filed in an action may be added as a garnishee by any amendment in such action absent a showing that any such amendment is done to correct or clarify the identity of an originally named garnishee.
(Code 1981, §18-4-2, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2020,p. 691, § 2/SB 443.)
The 2020 amendment, effective January 1, 2021, added "in the state courts and superior courts of this state" at the end of subsection (c) and added "; however, no person or entity not named as garnishee in the original affidavit of garnishment filed in an action may be added as a garnishee by any amendment in such action absent a showing that any such amendment is done to correct or clarify the identity of an originally named garnishee" at the end of subsection (d).
RESEARCH REFERENCES
C.J.S.
- 38 C.J.S., Garnishment, § 140 et seq.
ALR.
- Discharge of attachment or garnishment, or bond for its dissolution, by subsequent amendment of pleadings or writ, 74 A.L.R. 912.
