2021 Georgia Code
Title 18 - Debtor and Creditor
Chapter 4 - Garnishment Proceedings
Article 1 - General Provisions
§ 18-4-3. Affidavit and Requirements; Summons of Garnishment

Universal Citation: GA Code § 18-4-3 (2021)
  1. The plaintiff, the plaintiff's attorney, or the plaintiff's agent shall make, on personal knowledge or belief, an affidavit setting forth that the plaintiff has a judgment against a named defendant, the amount remaining due on the judgment, the name of the court which rendered the judgment, and the case number thereof.
  2. Upon the filing of the affidavit described in subsection (a) of this Code section with the clerk of any court having jurisdiction to preside over garnishment proceedings, such clerk shall cause a summons of garnishment to issue, provided that the plaintiff's affidavit is made before any officer authorized to administer oaths, a notary public, such clerk, or the deputy clerk of the court in which the garnishment is filed.
  3. An affidavit of garnishment may be electronically submitted to the clerk or deputy clerk of the court if the court has promulgated rules authorizing such submission.
  4. The form for an affidavit of garnishment is set forth in Code Section 18-4-71.
  5. The amount remaining due on a judgment may include, at the election of the plaintiff, any and all unrecovered filing and service fees paid to a court of this state, or to any sheriff, marshal, constable, or other such person authorized by law to serve process, for previous garnishment actions based on such judgment.

(Code 1981, §18-4-3, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2018, p. 820, § 1/SB 194; Ga. L. 2020,p. 691, § 3/SB 443.)

The 2018 amendment, effective May 8, 2018, substituted the present provisions of subsection (b) for the former provisions, which read: "Upon the filing of the affidavit described in subsection (a) of this Code section with the clerk of any court having jurisdiction to preside over garnishment proceedings, such clerk shall cause a summons of garnishment to issue, provided that the plaintiff's affidavit is:

"(1) Made before any officer authorized to administer oaths, a notary public, such clerk, or the deputy clerk of the court in which the garnishment is filed; and

"(2) Submitted to and approved by any judge of the court in which the garnishment is filed or submitted to and approved by any clerk or deputy clerk of such court if the court has promulgated rules authorizing the clerk or deputy clerk of such court to review and approve affidavits of garnishment."

The 2020 amendment, effective January 1, 2021, added subsection (e).

Law reviews.

- For article discussing due process problems with Georgia's post-judgment garnishment procedures, in light of City Fin. Co. v.Winston, 238 Ga. 10, 231 S.E.2d 45 (1976), see 13 Ga. St. B.J. 144 (1977).

JUDICIAL DECISIONS

ANALYSIS

  • General Consideration
  • Constitutionality

RESEARCH REFERENCES

Am. Jur. 2d.

- 6 Am. Jur. 2d, Attachment and Garnishment, § 330 et seq.

C.J.S.

- 38 C.J.S., Garnishment, § 158 et seq.

ALR.

- Waiver or admission by garnishee as affecting principal defendant, 64 A.L.R. 430.

Liability of garnishee to garnisher where former pays debt or releases property pending defective garnishment proceedings, 89 A.L.R. 975.

Resident or foreign corporation doing business within state as subject to garnishment because of indebtedness to nonresident who in turn is indebted to nonresident principal defendant, 116 A.L.R. 387.

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