TITLE 18 DEBTOR AND CREDITOR

Section 3. Attachment Proceedings, 18-3-1 through 18-3-75.

ARTICLE 1 GENERAL PROVISIONS

18-3-14. Service of writ of attachment on defendant; notification of defendant of issuance of attachment.

The defendant shall be given notice of the attachment issued against his property by any one or more of the following methods:
1. The plaintiff, at the time the attachment is filed with the clerk, shall commence procedures to effectuate the service of a copy of the writ of attachment on the defendant; and service thereafter shall be made on the defendant as soon as is reasonably practicable. Service pursuant to this paragraph shall be made pursuant to Code Section 9-11-4;
2. The plaintiff, after issuance of the writ of attachment and not more than three business days after levy upon the property of the defendant, shall cause a written notice to be sent to the defendant at defendant's last known address by registered or certified mail or statutory overnight delivery, return receipt requested. Either the return receipt indicating receipt by the defendant or the envelope bearing the official notification from the United States Postal Service of the defendant's refusal to accept delivery or failure to claim such registered or certified mail or statutory overnight delivery shall be filed with the clerk of the court in which the attachment is pending. The defendant's refusal to accept or failure to claim such registered or certified mail or statutory overnight delivery addressed to defendant shall be deemed notice to defendant;
3. The plaintiff, after the issuance of the writ of attachment and not more than three business days after levy upon the property of the defendant, shall cause a written notice to be delivered personally to the defendant by the plaintiff or by plaintiff's attorney at law or other agent. A certification by the person making the delivery shall be filed with the clerk;
4. When the defendant resides out of the state or has departed the state or cannot, after due diligence, be found within the state or conceals his place of residence from the plaintiff and the fact shall appear, by affidavit, to the satisfaction of the judge or clerk of the court, the levy and attachment shall constitute sufficient notice to the defendant, provided such levy and attachment without more shall constitute sufficient notice, unless the plaintiff has actual knowledge of the defendant's address, in which case, to provide sufficient notice, the plaintiff shall also mail a written notice of attachment to the defendant at said address or, not having actual knowledge of the defendant's address but the address at which the defendant was last known to reside, to provide sufficient notice, the plaintiff shall also mail a written notice of attachment to the defendant at said address. A mailing of the written notice provided in this paragraph shall be made after the issuance of the writ of attachment and not more than three business days after levy upon the property of the defendant, and a certificate of such mailing shall be filed with the clerk by the person mailing the notice;
5. Where it shall appear by affidavit that a defendant in the attachment action is not a resident of this state or has departed from this state or, after due diligence, cannot be found in this state or that the defendant conceals his place of residence from the plaintiff, notice may be given by causing two publications of the written notice in the paper in which advertisements are printed by the sheriff in each county in which a writ of attachment is served. Such publications must be at least six days apart and the second publication must be made not more than 21 days after levy upon the property of the defendant. A certification by the person causing the notice to be published shall be filed with the clerk, provided such publication shall constitute sufficient notice alone, unless the plaintiff has actual knowledge of the defendant's address, in which case, to provide sufficient notice, the plaintiff shall also mail a written notice of attachment to the defendant at said address. A mailing of the written notice provided in this paragraph shall be made after the issuance of the writ of attachment and not more than three business days after levy upon the property of the defendant, and a certificate of such mailing shall be filed with the clerk by the person mailing the notice; or
6. Where the defendant's address is known, the plaintiff, after issuance of the attachment and not more than three business days after levy upon the property of the defendant, shall send a written notice of the attachment to the defendant at such known address by ordinary mail. A certification by the person mailing the notice shall be filed with the clerk.
The receiving by the defendant of actual timely notice of the attachment and levy shall constitute notice.
"Written notice," as referred to in paragraphs (2) through (6) of subsection (a) of this Code section, shall consist of a copy of the affidavit and bond for attachment or of a document which includes the names of the plaintiff and the defendant, the amount claimed in the affidavit for attachment, and the court wherein the proceeding is filed.
The methods of notification specified in subsection (a) of this Code section are cumulative and may be used in any sequence or combination. Where it appears that a plaintiff has reasonably, diligently, and in good faith attempted to use one method, another method thereafter may be utilized and, for the time during which the attempt was being made, the time limit shall be tolled for the subsequent method.

(Laws 1799, Cobb's 1851 Digest, p. 70; Ga. L. 1855-56, p. 25, § 5; Code 1863, § 3192; Code 1868, § 3203; Code 1873, § 3269; Code 1882, § 3269; Civil Code 1895, § 4515; Civil Code 1910, § 5060; Code 1933, § 8-114; Ga. L. 1980, p. 1065, § 4; Ga. L. 1991, p. 94, § 18; Ga. L. 2000, p. 1589, § 3.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1868, § 3233, former Code 1873, § 3309, former Code 1882, § 3309, and former Code 1933, § 8-602, dealing with notice to the defendant, have been included in the annotations for this Code section.

Absent personal service, appearance, or replevy, in personam judgment is void.

- When the defendants were not personally served with notice of pendency of attachment, did not appear and defend, and did not give bond and security to replevy property attached, an in personam judgment against the defendants was accordingly erroneous. Broome v. Graham, 99 Ga. App. 682, 109 S.E.2d 824 (1959) (decided under former Code 1933, § 8-602).

Contents of notice.

- Written notice to the defendant that attachment was pending against the defendant stating the court to which attachment was returnable, and the time, and stating on what property attachment had been levied, was sufficient compliance with former Code 1868, § 3233 to authorize proceedings as in ordinary suit, especially if the defendant appeared and pleaded to the merits. Pool v. Perdue, 44 Ga. 454 (1871) (decided under former Code 1868, § 3233).

Administrator of defendant who dies pending attachment.

- If, pending attachment, the defendant dies, and the defendant's administrator was made party to the proceeding, and no notice was given, as provided by former Code 1873, § 3309, the administrator stood precisely as did the deceased defendant. The administrator may attack the validity of the attachment, and if the administrator's objection was good the whole proceeding fell. Ross v. Edwards, 52 Ga. 24 (1874) (decided under former Code 1873, § 3309).

When defendant receives sufficient notice and fails to defend.

- When nonresident defendants in attachment were given sufficient notice to put the defendants upon inquiry in time to have defended, but failed to do so, the supreme court will not control decision of presiding judge in refusing to allow the defendants to open judgment rendered in an attachment case for purpose of pleading to merits. Steers & Co. v. Morgan & Armstrong, 66 Ga. 552 (1881) (decided under former Code 1873, § 3309).

Plaintiff may entitle self to general judgment against defendant by giving prescribed notice. Sutton v. Gunn, 86 Ga. 652, 12 S.E. 979 (1891) (decided under former Code 1882, § 3309).

Effect on third persons of judgment by court without jurisdiction.

- General judgment of court without jurisdiction of particular class of attachments will not be valid against third persons although the judgment might be good against a defendant. First Nat'l Bank v. Ragan, 92 Ga. 333, 18 S.E. 295 (1893) (decided under former Code 1882, § 3309).

Absence of signature on notice of attachment.

- Although notices of attachment were not signed by the plaintiff, plaintiff's attorney, or anyone as agent for the plaintiff, when the notices conveyed information required by statute and defendants were in no manner prejudiced by absence of a signature, the notice was sufficient to entitle the plaintiff to judgment on the declaration filed as at common law. Stalvey v. Varn Motors & Fin. Co., 56 Ga. App. 696, 193 S.E. 627 (1937).

Cited in Cox v. Felder, 36 Ga. 597 (1867); Tharpe v. Foster, 52 Ga. 79 (1874); Bennett v. Wheatley, 154 Ga. 591, 115 S.E. 83 (1922); Gaston v. Jackson Nat'l Bank, 45 Ga. App. 106, 163 S.E. 265 (1932); Higgins v. Gosden, 53 Ga. App. 313, 185 S.E. 574 (1936); Stalvey v. Varn Motors & Fin. Co., 56 Ga. App. 696, 193 S.E. 627 (1937); Sassoon v. State, 138 Ga. App. 172, 225 S.E.2d 732 (1976); Johnson v. American Credit Co., 581 F.2d 526 (5th Cir. 1978).

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