2010 Georgia Code 18-4-113 Case Law
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One Click Case Law for § 18-4-113
O.C.G.A. § 18-4-112 <-- --> O.C.G.A. §18-4-114



2010 Georgia Code

TITLE 18 - DEBTOR AND CREDITOR

CHAPTER 4 - GARNISHMENT PROCEEDINGS
ARTICLE 6 - CONTINUING GARNISHMENT PROCEEDINGS
§ 18-4-113 - Contents of summons of continuing garnishment; filing and contents of answers

O.C.G.A. 18-4-113 (2010)
18-4-113. Contents of summons of continuing garnishment; filing and contents of answers


(a) The summons of continuing garnishment shall be directed to the garnishee, who shall be required:

(1) To file a first answer no later than 45 days after service of summons of continuing garnishment, which answer shall state what property, money, or other effects of the defendant are subject to continuing garnishment from the time of service through and including the day of the first answer;

(2) To file further answers for the remaining period covered by the summons of continuing garnishment. Further answers shall be filed no later than 45 days after the previous answer date. Further answers shall state what property, money, or other effects of the defendant are subject to continuing garnishment from the previous answer date through and including the date on which that next answer is filed. No subsequent answers shall be required on a summons of continuing garnishment if the last answer filed states what property, money, or other effects of the defendant are subject to continuing garnishment from the previous answer date to and including the one hundred seventy-ninth day after service of summons of continuing garnishment. The last answer shall be filed, notwithstanding the other provisions of this paragraph, no later than the one hundred ninety-fifth day after service. For purposes of this paragraph, "previous answer date" means the date upon which the immediately preceding answer to the summons of continuing garnishment was filed as provided in this subsection; and

(3) To accompany all such answers with any property, money, or other effects of the defendant admitted in the answer to be subject to continuing garnishment.

(b) The summons of continuing garnishment shall state the requirements of subsection (a) of this Code section and shall inform the garnishee that failure to comply with such requirements may result in a judgment against the garnishee for the entire amount claimed due on the judgment against the defendant.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com