2010 Georgia Code
TITLE 18 - DEBTOR AND CREDITOR
CHAPTER 4 - GARNISHMENT PROCEEDINGS
ARTICLE 4 - POSTJUDGMENT GARNISHMENT PROCEEDINGS GENERALLY
§ 18-4-65 - Issues defendant may raise by traverse of plaintiff's affidavit
. Issues defendant may raise by traverse of plaintiff's affidavit
(a) When garnishment proceedings are based upon a judgment, the defendant, by traverse of the plaintiff's affidavit, may challenge the existence of the judgment or the amount claimed due thereon. The defendant may plead any other matter in bar of the judgment, except as provided in subsection (b) of this Code section.
(b) The validity of the judgment upon which a garnishment is based may only be challenged in accordance with Chapter 11 of Title 9; and no such challenge shall be entertained in the garnishment case. However, where the court finds that the defendant has attacked the validity of the judgment upon which the garnishment is based in an appropriate forum, the judge may order the garnishment released and stayed until the validity of the judgment has been determined in such forum.
(c) If the garnishment proceedings are based upon a pending action, the case shall proceed in accordance with Code Section 18-4-45
Graham Syfert - Jacksonville Lawyer