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2018 Georgia Code 18-4-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 18-4-1 Case Law from Google Scholar Amendments to OCGA 18-4-1

TITLE 18 DEBTOR AND CREDITOR

Section 4. Garnishment Proceedings, 18-4-1 through 18-4-89.

ARTICLE 1 GENERAL PROVISIONS

18-4-1. Definitions.

As used in this chapter, the term:

  1. "Disposable earnings" means that part of the earnings of an individual remaining after the deduction for federal income tax, state income tax, withholdings for the Federal Insurance Contributions Act (FICA), and other mandatory deductions required by law.
  2. "Earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, fee, bonus, tips, overtime, or severance pay, including recurring periodic payments from pensions or retirement plans, including, but not limited to, the United States Department of Veterans Affairs, Railroad Retirement Board, Keoghs, and individual retirement accounts.
  3. "Entity" means a public corporation or a corporation, limited liability company, partnership, limited partnership, professional corporation, firm, or other business organization other than a natural person.
  4. "Financial institution" means every federal or state chartered commercial or savings bank, including savings and loan associations and cooperative banks, federal or state chartered credit unions, benefit associations, insurance companies, safe-deposit companies, trust companies, any money market mutual fund, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment.
  5. "Garnishee answer" or "garnishee's answer" means the response filed by a garnishee responding to a summons of garnishment detailing the money or other property of the defendant that is in the possession of the garnishee or declaring that the garnishee holds no such money or other property of the defendant.
  6. "Public corporation" means any department, agency, branch of government, or political subdivision, as such term is defined in Code Section 50-15-1, or any public board, bureau, commission, or authority created by the General Assembly.

(Code 1981, §18-4-1, enacted by Ga. L. 2016, p. 8, § 1/SB 255.)

U.S. Code.

- The federal Insurance Contributions Act, referred to in this Code section, is codified at 26 U.S.C. § 3101 et seq.

JUDICIAL DECISIONS

Financial institution did not include insurance company garnished as employer.

- Insurance company was not a "financial institution" under the financial institution garnishment scheme, O.C.G.A. §§ 18-4-1(4) and18-4-4(c)(2), when the insurance company was garnished based on earnings that the company owed the debtor as the debtor's former employer; rather, the statutes envisioned places of deposit for a debtor's funds or investments. Blach v. Diaz-Verson, 303 Ga. 63, 810 S.E.2d 129 (2018).

Cases Citing Georgia Code 18-4-1 From Courtlistener.com

Total Results: 3

RBC GLOBAL ASSET MANAGEMENT (U.S.) INC. v. LATTIMORE

Court: Supreme Court of Georgia | Date Filed: 2024-10-15

Snippet: definition of “financial institution” in OCGA § 18- 4-1 (4), Lattimore improperly served it using the

Blach v. Diaz-Verson

Court: Supreme Court of Georgia | Date Filed: 2018-02-05

Citation: 810 S.E.2d 129

Snippet: governing garnishments in Georgia. Under OCGA § 18-4-1 et seq. (the "new garnishment statute," Ga. L.

C-Staff, Inc. v. Liberty Mutual Insurance

Court: Supreme Court of Georgia | Date Filed: 2002-10-15

Citation: 571 S.E.2d 383, 275 Ga. 624, 2002 Fulton County D. Rep. 2963, 2002 Ga. LEXIS 915

Snippet: § 18-3-1 et seq. (attachment and levy); OCGA § 18-4-1 et seq. (garnishment). [3] 203 F.Supp. 897 (N