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Notes On Georgia’s Statutory Garnishment Forms

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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.

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Written by Tom Fox

March 5, 2014 at 9:15 am

Georgia Garnishment Statutes

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TITLE 18 | Chapter 4 | Garnishment Proceedings

Current Through the 2013 Regular Session

CONTENTS

ARTICLE 1. GENERAL PROVISIONS

  • § 18-4-1.  Definitions; practice and procedure generally
  • § 18-4-2.  Discovery
  • § 18-4-3.  Amendment of affidavits, bonds, garnishee answer, or pleadings
  • § 18-4-4.  Judge to perform functions of clerk where court has no clerk
  • § 18-4-5.  Challenge to sufficiency of bond; requiring of additional security; discharge of original surety
  • § 18-4-6.  Issuance of release of garnishment
  • § 18-4-7.  Discharge of employee subject to garnishment

ARTICLE 2. PROPERTY AND PERSONS SUBJECT TO GARNISHMENT

  • § 18-4-20.  Property subject to garnishment generally; claim amount and defendant’s social security number on summons; information to be contained on summons of garnishment upon financial institution
  • § 18-4-21.  Garnishment of salaries of officials and employees of state and its subdivisions; exemption; summons
  • § 18-4-23.  Service of summons of garnishment controlled by Civil Practice Act

ARTICLE 3. PREJUDGMENT GARNISHMENT PROCEEDINGS GENERALLY

  • § 18-4-40. Grounds for issuance of writ of garnishment prior to judgment
  • § 18-4-41. Application to judge for writ; contents
  • § 18-4-42. Entry of order by judge authorizing garnishment prior to judgment; issuance of summons of garnishment  pursuant to order by clerk of court generally
  • § 18-4-43. Bond required prior to issuance of summons of garnishment; amount; presentation of bond to clerk of court for approval
  • § 18-4-44. Service of order and summons of garnishment on defendant
  • § 18-4-45. Traverse of affidavit of plaintiff by defendant; show cause order; revocation of order upon failure of plaintiff to prove grounds
  • § 18-4-46. Personal earnings of defendant not subject to garnishment prior to judgment; statement of substance of of Code section to appear on summons of garnishment
  • § 18-4-47. Funds and property paid into court or subject to garnishment to be held by clerk pending judgment; exception
  • § 18-4-48. Proceedings subsequent to final judgment in action upon which garnishment summons issued generally; final judgment required

ARTICLE 4. POSTJUDGMENT GARNISHMENT PROCEEDINGS GENERALLY

  • § 18-4-60. Right to writ of garnishment after judgment
  • § 18-4-61. Affidavit for issuance of summons of garnishment; making and approval of affidavit
  • § 18-4-62. Contents and service of summons of garnishment; requirements as to filing of answer to summons
  • § 18-4-63. Issue of additional summons of garnishment; dismissal of garnishment proceedings upon nonissuance of summons
  • § 18-4-64. Service of copy of summons of garnishment upon defendant; notice of filing and issuance of summons of summons of garnishment; time for distribution
  • § 18-4-65. Issues defendant may raise by traverse of plaintiff’s affidavit
  • § 18-4-66. Forms for postjudgment garnishment

ARTICLE 5. ANSWER BY GARNISHEE AND SUBSEQUENT PROCEEDINGS

  • § 18-4-80. Effect of release of summons of garnishment on garnishee
  • § 18-4-81. Effect of defendant’s traverse on garnishee; filing of bond by defendant; entry of judgment on bond
  • § 18-4-82. Contents of garnishee answer
  • § 18-4-83. Service of answer of garnishee on plaintiff or attorney
  • § 18-4-84. Delivery to court of property admitted to be subject to garnishment; property in safety deposit box
  • § 18-4-85. Traverse of answer of garnishee by plaintiff — Time period; discharge for failure to traverse
  • § 18-4-86. Traverse of answer of garnishee by plaintiff — Contents
  • § 18-4-87. Traverse of answer of garnishee by plaintiff — Service
  • § 18-4-88. Order of proceedings after answer of garnishee generally
  • § 18-4-89. Proceedings after answer of the garnishee if no traverse or claim filed
  • § 18-4-90. Entry of default judgment upon failure of garnishee to file garnishee answer to summons; opening of default
  • § 18-4-91. Relief of garnishee from default judgment
  • § 18-4-92. Effect of garnishee’s failure to respond properly to summons of garnishment
  • § 18-4-92.1. Relief of garnishee from liability; definitions
  • § 18-4-93. Right of defendant to become a party to garnishment proceedings; procedure
  • § 18-4-94. Procedure where defendant prevails generally; establishment of interests in money or other property in in court by parties filing claims thereto; distribution of money or other property
  • § 18-4-95. Right of claimants of property subject to garnishment to become parties; procedure
  • § 18-4-96. Procedure where money or other property in court subject to conflicting cases
  • § 18-4-97. Right of garnishee to actual reasonable expenses in making true garnishee answer of garnishment; procedure for collection; reimbursement

ARTICLE 6. CONTINUING GARNISHMENT PROCEEDINGS

  • § 18-4-110. Right of plaintiff who has obtained money judgment to process of continuing garnishment; methods,  practices, and procedures for continuing garnishment generally
  • § 18-4-111. Property, money, or effects subject to continuing garnishment
  • § 18-4-112. Filing and contents of affidavit for continuing garnishment; issuance of summons; notice and service of summons
  • § 18-4-113. Contents of summons of continuing garnishment; filing and contents of garnishee answers
  • § 18-4-114. Traverse of garnishee answer by plaintiff
  • § 18-4-115. Entry of default judgment against garnishee; relief from default judgment
  • § 18-4-116. Effect of and proceedings upon filing of traverse by defendant
  • § 18-4-117. Effect of termination of employment relationship between garnishee and defendant
  • § 18-4-118. Forms for continuing garnishment

ARTICLE 7. CONTINUING GARNISHMENT FOR SUPPORT

  • § 18-4-130. Continuing garnishment for family support; issuance of writ of garnishment
  • § 18-4-131. Definitions
  • § 18-4-132. Contents of affidavit for a continuing garnishment for support; attachment of certified copy of judgment; amendment of affidavit
  • § 18-4-133. Service of summons; requirements as to filing of first garnishee answer accompanied by money; application of money
  • § 18-4-134. Filing further garnishee answers and tendering money; application of money; filing of final garnishee answer by garnishee upon termination of defendant’s employment
  • § 18-4-135. Period of attachment of writ of garnishment; garnishee’s reliance upon information in affidavit of garnishment

For the full text of Georgia’s garnishment statutes, read more: Read the rest of this entry »

Written by Tom Fox

March 2, 2014 at 9:44 pm