Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Ga. L. 1884-5, p. 96; former Civil Code 1895, § 4727; former Civil Code 1910, § 5293; former Code 1933, § 46-301, as it read prior to revision by Ga. L. 1976, p. 1608, § 1; former Code 1933, § 46-501 as it read after passage of Ga. L. 1976, p. 1608, § 1; and former O.C.G.A. §§ 18-4-82 and18-4-84 are included in the annotations for this Code section.

Garnishee may admit indebtedness but claim exemption.

- Garnishee can admit an indebtedness but contend and show by denial that the indebtedness admitted is exempt from the process of garnishment, and because of its denial, the garnishee can fail to pay the amount into court without subjecting itself to the penalty of being subject to judgment for the entire indebtedness. United Merchants & Mfrs., Inc. v. Citizens & S. Nat'l Bank, 166 Ga. App. 468, 304 S.E.2d 552 (1983) (decided under former O.C.G.A. § 18-4-84).

Garnishment action against judgment debtor's insurer was proper.

- After the parents of a shooting victim obtained judgment against the owner of the property on which their son was shot, and the owner filed bankruptcy, the Court of Appeals erred in reversing the trial court and holding that the judgment debtor had no garnishment action against the owner's insurer; the insurer could contest, under former O.C.G.A. § 18-4-62, the assertion that it held property belonging to the owner, namely the benefits to be paid on the owner's behalf under an insurance contract. Ross v. St. Paul Reinsurance Co., Ltd., 279 Ga. 92, 610 S.E.2d 57 (2005) (decided under former O.C.G.A. § 18-4-82).

Statement in answer that garnishee is not indebted is not a conclusion, but a factual averment. Ole Campbellton Constr. Co. v. Desert Inn & Country Club, 154 Ga. App. 107, 267 S.E.2d 646 (1980) (decided under former Code 1933, § 46-501).

Verification of answer in behalf of corporation.

- Answer in behalf of corporation to summons of garnishment may be verified by any agent who can and will depose positively to facts stated therein. Ole Campbellton Constr. Co. v. Desert Inn & Country Club, 154 Ga. App. 107, 267 S.E.2d 646 (1980).

Answer in garnishment is designed to show indebtedness of garnishee for two periods of time prior to the date of service of the summons, and also the period between service and answer. Mark Ten Homes Corp. v. First Nat'l Bank, 115 Ga. App. 597, 155 S.E.2d 455 (1967) (decided under former Code 1933, § 46-301).

Garnishee must answer concerning indebtedness and effects belonging to defendant. Citizens Nat'l Bank v. Dasher, 16 Ga. App. 33, 84 S.E. 482 (1915) (decided under former Civil Code 1910, § 5293).

Liability for improper answer on garnishment.

- Garnishee's reliance on signature cards and the debtor's assurances that the bank accounts were trust accounts was insufficient to relieve the garnishee of liability for failing to list these accounts on the garnishment answer. Wachovia Bank v. Unisys Fin. Corp., 221 Ga. App. 471, 471 S.E.2d 554 (1996) (decided under former O.C.G.A. § 18-4-82).

Garnishee cannot refuse to answer and garnishee's answer must be directed to matter contained in summons. Citizens & S. Nat'l Bank v. AVCO Fin. Servs., Inc., 129 Ga. App. 605, 200 S.E.2d 309 (1973) (decided under former Code 1933, § 46-301).

Bank's duty to comply with garnishment laws.

- Bank was not entitled to assume that an account was a legitimate corporate account when the bank did not follow the bank's own internal procedure with respect to opening the account and, thus, the bank was not excused from complying with a summons of garnishment naming a signatory on the account, nor did the fact that the bank was unable to locate the account relieve the bank from the bank's responsibilities under the garnishment statutes. Mobile Paint Mfg. Co. v. Johnston, 219 Ga. App. 299, 464 S.E.2d 903 (1995) (decided under former O.C.G.A. § 18-4-82).

Garnishee's determination as to status of assets is subject to contrary determination by court. Citizens & S. Nat'l Bank v. AVCO Fin. Servs., Inc., 129 Ga. App. 605, 200 S.E.2d 309 (1973) (decided under former Code 1933, § 46-301).

Answer in nature of an interpleader was permitted. Small v. Mendel, Gosling & Co., 96 Ga. 532, 23 S.E. 834 (1895) (decided under former Civil Code 1895, § 4727); Booth v. Brooke & Co., 6 Ga. App. 299, 64 S.E. 1103 (1909) (decided under former Civil Code 1895, § 4727).

Garnishee who is in doubt as to liability may have court resolve such doubt by presenting every element involved in the matter so that the court can make the determination and the garnishee avoid liability. Citizens & S. Nat'l Bank v. AVCO Fin. Servs., Inc., 129 Ga. App. 605, 200 S.E.2d 309 (1973) (decided under former Code 1933, § 46-301).

Inability of garnishee to answer as required.

- See Estridge v. Janko, 96 Ga. App. 246, 99 S.E.2d 682 (1957) (decided under former Code 1933, § 46-301).

Portion of section concerning garnishee's inability to answer as required, inapplicable when garnishee not indebted.

- Statutory provision that when garnishee is unable to answer in what sum garnishee is indebted to defendant or what property garnishee has belonging to the defendant as required by the summon's garnishee shall so allege in the garnishee's answer setting forth all facts does not apply when the garnishee has not become indebted to the defendant. Hardware Mut. Cas. Co. v. Scott, 116 Ga. App. 637, 158 S.E.2d 275 (1967) (decided under former Code 1933, § 46-301).

Status of indebtedness between defendant and garnishee becomes fixed when latter files answer.

- When answer of garnishee is filed, status of indebtedness between the defendant and the garnishee upon which right and quantum of plaintiff's recovery depends, becomes fixed, and the plaintiff's right of recovery is not thereafter affected, increased nor diminished by debts or demands accruing to the credit of the defendant or the garnishee against the other. Estridge v. Janko, 96 Ga. App. 246, 99 S.E.2d 682 (1957) (decided under former Code 1933, § 46-301).

Unless garnishee alleges inability to answer, status of indebtedness is fixed when answer is filed.

- When a garnishee fails to allege, as required by former Code 1933, § 46-301, the garnishee's inability to answer whether or in what manner the garnishee is indebted to the defendant or that a nonresident debtor owes a debt not yet due, the status of indebtedness between the nonresident and the defendant is fixed as of the time when the garnishee files an answer to the summons of garnishment. Estridge v. Janko, 96 Ga. App. 246, 99 S.E.2d 682 (1957) (decided under former Code 1933, § 46-301).

Garnishee's answer to summons, stating there is nothing in garnishee's possession subject thereto, is sufficient. Citizens & S. Nat'l Bank v. AVCO Fin. Servs., Inc., 129 Ga. App. 605, 200 S.E.2d 309 (1973) (decided under former Code 1933, § 46-301).

Garnishee is entitled to set-off any indebtedness owed by the defendant in garnishment. Mutual Reserve Life Ins. Co. v. Fowler, 2 Ga. App. 537, 59 S.E. 469 (1907) (decided under former Civil Code 1895, § 4727).

One owing wages exempt from garnishment, need not pay money into court upon being garnished, but may resist by one's answer. Emmons, McKee & Co. v. Southern Bell Tel. & Tel. Co., 80 Ga. 760, 7 S.E. 232 (1888) (decided under former Ga. L. 1884-85, p. 96).

Effect of bankruptcy of defendant.

- See Armour Packing Co. v. Wynn, 119 Ga. 683, 46 S.E. 865 (1904) (decided under former Civil Code 1895, § 4727).

Editor's notes.

- In light of the similarity of the statutory provisions, opinions decided under former O.C.G.A. § 18-4-84 are included in the annotations for this Code section.

Summons of garnishment establishes lien which attaches from date of service.

- Summons of garnishment directing the garnishee to deliver any property into court that is subject to garnishment establishes a lien on the subject property that attaches from the date of service of the summons of garnishment. 1981 Op. Att'y Gen. No. U81-25 (decided under former O.C.G.A. § 18-4-84).

Garnishment action remains ancillary to or dependent upon principal action between creditor and debtor, even though it establishes lien on subject property. 1981 Op. Att'y Gen. No. U81-25 (decided under former O.C.G.A. § 18-4-84).

Rank of judgment on which garnishment depends determines priority.

- Because of ancillary nature of garnishment, the relevant factor in determining priorities of several garnishments is rank of judgment on which garnishment is dependent and not rank of garnishment lien. 1981 Op. Att'y Gen. No. U81-25 (decided under former O.C.G.A. § 18-4-84).

Priority lien that initial garnishing creditor obtains by virtue of initial creditor having first served garnishee does not defeat priority of subsequent garnishing creditor with senior judgment. 1981 Op. Att'y Gen. No. U81-25 (decided under former O.C.G.A. § 18-4-84).

Am. Jur. 2d.

- 6 Am. Jur. 2d, Attachment and Garnishment, § 354 et seq.

C.J.S.

- 38 C.J.S., Garnishment, § 262 et seq.

ALR.

- Waiver or admission by garnishee as affecting principal defendant, 64 A.L.R. 430.

Answer on information and belief by trustee or garnishee in garnishment or trustee process, 125 A.L.R. 253.