O.C.G.A.

O.C.G.A. § 18-3-17 (2019)

Courts to which attachments returnable; applicability

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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of rules of civil practice and procedure; filing of declaration in attachment; notice of declaration.

(a) Attachments shall be returnable to the court of record in which filed pursuant to subsection (a) of Code Section 18-3-9 and shall be governed by the rules of procedure and practice governing ordinary civil actions, as respects appearance day, trial term, and judgment pursuant to default, and by any and all other rules relating to procedure and practice.

(b) The plaintiff shall file his declaration in attachment within 15 days after the levy of attachment and the declaration shall thereafter be governed by the rules governing ordinary civil actions as provided for in subsection (a) of this Code section. Notice of the declaration shall be given pursuant to Code Section 18-3-14.

History

Laws 1799, Cobb’s 1851 Digest, pp. 70, 638; Ga. L. 1855-56, p. 25, § 6; Ga. L. 1857, p. 117, § 1; Code 1863, § 3194; Code 1868, § 3205; Code 1873, § 3272; Code 1882, § 3272; Civil Code 1895, § 4518; Civil Code 1910, § 5063; Code 1933, § 8117; Ga. L. 1962, p. 520, § 1; Ga. L. 1980, p. 1065, § 6.

Annotations

Cross references. Provisions governing pleadings, defenses, and procedures subsequent to filing of declaration in attachment, § 18-318. Civil Practice Act, T. 9, C. 11.

RESEARCH REFERENCES ALR. Attachment or garnishment as affected by trick or device by which the property of

or indebtedness to nonresident was subjected to the jurisdiction, 37 A.L.R. 1255.