2025 Code of Georgia
Title 18 - Debtor and Creditor (Chs. 1 — 5)
Chapter 4 - Garnishment Proceedings (Arts. 1 — 4)
Article 1 - General Provisions (§§ 18-4-1 — 18-4-26)

Annotations

JUDICIAL DECISIONS

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.

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 Ga. LEXIS 1395 (1977) (decided under former Ga. L. 1976, p. 1608, § 1 et seq).; Farmer v. Farmer, 147 Ga. App. 387, 249 S. E.2d 106, 1978 Ga. App. LEXIS 2697 (1978) (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 Ga. App. LEXIS 1389 (1976) (decided under former Ga. L. 1976, p. 1608, § 1 et seq).

Research References & Practice Aids

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).

Construction and Application of State Statutes Limiting Garnishment of Wages, 64 A. L. R. 7th 3.

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.

O. C. G. A. Title 18

O. C. G. A. Title 18, Ch. 4