O.C.G.A. § 18-3-19 (2019)
Forms for attachment
In all cases of attachment, the form of the affidavit, bond, attachment, and order authorizing the issuance thereof may be as follows:
(1) Affidavit for attachment. AFFIDAVIT STATE OF GEORGIA COUNTY OF Personally appeared attorney at law for plaintiff in the sum of $ who on oath says that he is and that is indebted to said and that said defendant . Affiant Sworn to and subscribed before me this day of , . Judge
(2) Bond. BOND STATE OF GEORGIA COUNTY OF We, , principal, and , security, jointly and severally acknowledge ourselves bound unto the foregoing defendant in the sum of $ , subject to the following conditions: The said principal is seeking attachment against the said defendant which is now about to be sued out in the Court of County. Now, if the said plaintiff shall pay all damages that the defendant may sustain, and also all costs that may be incurred by him in consequence of suing out such attachment, in the event that the said plaintiff shall fail to recover in said case, then this bond shall be void. (SEAL) (SEAL) Witnessed and approved this day of , .
Deputy Clerk, Court of County
(3) Attachment. ATTACHMENT STATE OF GEORGIA COUNTY OF To the marshal of said court or his lawful deputies, to all and singular the sheriffs or their lawful deputies, and to all lawful constables of said state: You are commanded to seize so much of the property of the foregoing defendant as will make the sum of $ and all costs, and to serve such summons of garnishment as may be placed in your hands, and that you make return of this attachment with your actions entered thereon to the term, , of the Court of County, to which court this attachment is hereby made returnable. This day of , . (SEAL) County Court of
(4) Order. IN THE
STATE OF GEORGIA ) ) ) ) ) ) ) Plaintiff v. Defendant Civil action File no.
ORDER Upon application of the plaintiff for a writ of attachment, and having considered the affidavit with bond attached, and inquiring into the grounds and circumstances herein, it is the determination of this court that the plaintiff is (or is not) entitled to a writ of attachment, and it is ORDERED that a writ of attachment issue upon the property of the defendant (or that a writ of attachment be denied). This day of , .
Court of
History
Ga. L. 1855-56, p. 25, § 42; Code 1863, § 3205; Code 1868, § 3216; Code 1873, § 3283; Code 1882, § 3283; Civil Code
Judge, County
1895, § 4529; Civil Code 1910, § 5074; Code 1933, § 8-119; Ga. L. 1980, p. 1065, § 7; Ga. L. 1999, p. 81, § 18.
Annotations
JUDICIAL DECISIONS Affidavit may be sufficient in form though it does not show that debt is due. Askew v. Melvin, 144 Ga. 348, 87 S.E. 278, 1915 Ga. LEXIS 199 (1915). Variance in defendant’s name in required documents. - Variance between affidavit and bond on one hand and attachment on the other, in the name of party against whom proceedings are brought is fatal to the attachment. Leffler & Son v. Union Compress Co., 126 Ga. 662, 55 S.E. 927, 1906 Ga. LEXIS 507 (1906). Bill of particulars not annexed to papers. - Attachment not necessarily void because no bill of particulars is annexed to original attachment papers. Pharr v. Estey Piano & Organ Co., 7 Ga. App. 262, 66 S.E. 618, 1909 Ga. App. LEXIS 624 (1909).
Absent levy or seizure of property under attachment there can be no recovery on bond. Hinton-Bellah, Inc. v. Thebit, 62 Ga. App. 672, 9 S.E.2d 779, 1940 Ga. App. LEXIS 400 (1940). Effect of release on recovery of attachment expenses. - Fact that plaintiff’s property had been released did not preclude the plaintiff from recovering expense sustained in consequence of the attachment. Hinton-Bellah, Inc. v. Thebit, 62 Ga. App. 672, 9 S.E.2d 779, 1940 Ga. App. LEXIS 400 (1940). Damages recoverable on attachment expenses. - Hinton-Bellah, Inc. v. Thebit, 62 Ga. App. 672, 9 S.E.2d 779, 1940 Ga. App. LEXIS 400 (1940).
RESEARCH REFERENCES Am. Jur. Pleading and Practice Forms. 2B Am. Jur. Pleading and Practice Forms, Attachment and Garnishment,
§ 91. 2C Am. Jur. Pleading and Practice Forms, Attachment and Garnishment, § 340.