Boring Details

and fine print

Notes On Georgia’s Statutory Garnishment Forms

leave a comment »

Georgia Code § 18-4-66, Forms for postjudgment garnishment, provides seven specific legal forms for use in Georgia post-judgment garnishment court proceedings:

For the purpose of Articles 1 through 5 of this chapter, the following forms are declared to be sufficient for garnishment after judgment, provided that nothing in this Code section shall be construed to require the use of particular forms in any proceeding under this article: See: Georgia Garnishment Statutes

For the sake of legibility and usefulness, I have formatted these seven forms in a way that is difficult to do on a web page, as downloadable and printable PDF files:

(1) Garnishment affidavit (LINK).

(2) Summons of garnishment. (LINK)

(3) Defendant’s traverse and order thereon. (LINK)

(4) Answer of garnishee. (LINK)

(5) Plaintiff’s traverse. (LINK)

(6) Release of garnishment, (LINK)

(7) Attachment to summons of garnishment upon a financial institution. (LINK)

§ 18-4-66 makes it clear that these particular forms are sufficient for use in Georgia garnishment proceedings, but they are not exclusive or mandatory.

Form numbers three and five, above, are traverses. The word ‘traverse’ is an ancient common law term that simply means a general denial. For example, form number three, the defendant’s traverse, is not a verified pleading, it can be signed by either the defendant’s or the defendant’s attorney and all it states is this:

Now comes the defendant in the above-styled case and traverses the plaintiff’s affidavit by saying the same is untrue or legally insufficient.

It is likewise the same way with form five, the plaintiff’s traverse of the defendant’s answer.

The way these forms are structured, as general denials without specific verified factual allegations, the whole process is designed to culminate in a hearing where actual evidence is presented to a judge. If the parties have any hope of having the issue decided on the pleadings without the necessity of a court hearing, using these forms is not the way to accomplish it.

Advertisements

Written by Tom Fox

March 5, 2014 at 9:15 am

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: