2025 Code of Georgia
Title 18 - Debtor and Creditor (Chs. 1 — 5)
Chapter 4 - Garnishment Proceedings (Arts. 1 — 4)
Article 2 - Continuing Garnishment Proceedings (§§ 18-4-40 — 18-4-43)

Annotations

JUDICIAL DECISIONS

In light of the similarity of the statutory provisions, decisions under former Code 1933, § 46-101, as it read prior to revision by Ga. L. 1976, p. 1608, § 1 and former O. C. G. A. § 18-4-40 are included in the annotations for this article.

Garnishment proceedings are purely statutory and cannot be extended to cases not enumerated in statutes, and courts have no power to enlarge the remedy or hold under it property not made subject to process. Undercofler v. Brosnan, 113 Ga. App. 475, 148 S. E.2d 470, 1966 Ga. App. LEXIS 1099 (1966) (decided under former Code 1933, § 46-101).

Process of garnishment issued upon ground not authorized by statute is without authority of law, and judgment based upon it is binding upon no one. Undercofler v. Brosnan, 113 Ga. App. 475, 148 S. E.2d 470, 1966 Ga. App. LEXIS 1099 (1966) (decided under former Code 1933, § 46-101).

When the defendant defaulted and a money judgment was obtained against it, there was a “judgment” on the merits, even though there was no expressly adjudicated “final judgment,” and the use of post-judgment garnishment procedures, rather than prejudgment garnishment procedures, to enforce the judgment provided the defendant with the process to which it was due under the federal constitution. Georgia Farm Bldgs., Inc. v. Willard, 597 F. Supp. 629, 1984 U. S. Dist. LEXIS 16956 (N. D. Ga. 1984) (decided under former O. C. G. A. § 18-4-40).

Research References & Practice Aids

O. C. G. A. Title 18

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