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2018 Georgia Code 18-4-2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 18-4-2 Case Law from Google Scholar Amendments to OCGA 18-4-2

TITLE 18 DEBTOR AND CREDITOR

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

ARTICLE 1 GENERAL PROVISIONS

18-4-2. Uniform procedures for garnishment; entitlement to procedures; application of the Civil Practice Act; amendment.

  1. The procedure in garnishment cases shall be uniform in all courts throughout this state that have jurisdiction to preside over garnishment proceedings.
  2. In all cases when a money judgment was obtained in a court of this state or a federal court or is being enforced in this state as provided in Article 5 of Chapter 12 of Title 9, the "Uniform Foreign-Country Money Judgments Recognition Act," or Article 6 of Chapter 12 of Title 9, the "Uniform Enforcement of Foreign Judgments Law," the plaintiff shall be entitled to the process of garnishment.
  3. Except as otherwise provided in this chapter, Chapter 11 of Title 9 shall apply in garnishment proceedings.
  4. Any affidavit, garnishee answer, or pleading required or permitted by this chapter shall be amendable at any time before judgment is entered or before money or other property subject to garnishment is distributed by the court.

(Code 1981, §18-4-2, enacted by Ga. L. 2016, p. 8, § 1/SB 255.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Ga. L. 1884-55, p. 54, former Civil Code 1895, § 4708, former Civil Code 1910, §§ 5265 and 5268, former Ga. L. 1976, p. 1608, § 1, former O.C.G.A. § 18-4-3, and former O.C.G.A. T. 18, Ch. 4, Art. 4 are included in the annotations for this Code section.

Constitutionality.

- Postjudgment garnishment procedure meets requirements of judicial supervision and notice, and is not unconstitutional for those reasons. Easterwood v. LeBlanc, 240 Ga. 61, 239 S.E.2d 383 (1977) (decided under former Ga. L. 1976, p. 1608, § 1); Farmer v. Farmer, 147 Ga. App. 387, 249 S.E.2d 106 (1978) (decided under former Ga. L. 1976, p. 1608, § 1).

Post-judgment garnishment proceedings are not unconstitutional for lack of due process. Morgan v. Morgan, 156 Ga. App. 726, 275 S.E.2d 673 (1980) (decided under former Ga. L. 1976, p. 1608, § 1).

Amendment after evidence but prior to judgment.

- It was not error to allow a party to amend the party's garnishment affidavit only a few days before judgment, and after all the evidence had been presented. Coleman v. Burnett, 169 Ga. App. 297, 312 S.E.2d 627 (1983) (decided under former O.C.G.A. § 18-4-3).

Absence of a judge's or clerk's signature on an affidavit for garnishment did not constitute a nonamendable defect justifying the grant of a motion to set aside a judgment. Horizon Credit Corp. v. Lanier Bank & Trust Co., 220 Ga. App. 362, 469 S.E.2d 452 (1996) (decided under former O.C.G.A. § 18-4-3).

Parties to proceedings.

- Post-judgment garnishments primarily involve a plaintiff (bank) and garnishee (employer) with a very limited right of participation by the defendant (debtor). Flournoy v. Pate (In re Antley), 18 Bankr. 207 (Bankr. M.D. Ga. 1982) (decided under former O.C.G.A. T. 18, Ch. 4, Art. 4).

Defendant debtor was not a "party" to a garnishment proceeding, although provision was made in former O.C.G.A. § 18-4-64 for defendant debtor to receive notice. The defendant debtor at the defendant debtor's option may become a party by compliance with former O.C.G.A. § 18-4-93 for the limited purposes set out in former O.C.G.A. § 18-4-65. Flournoy v. Pate (In re Antley), 18 Bankr. 207 (Bankr. M.D. Ga. 1982) (decided under former O.C.G.A. T. 18, Ch. 4, Art. 4).

Dismissal of proceeding upon notification of bankruptcy.

- Judgment creditor's attorney had an affirmative duty to dismiss the garnishment proceeding upon notification of bankruptcy. Dennis v. Pentagon Fed. Credit Union, 17 Bankr. 558 (Bankr. M.D. Ga. 1982) (decided under former O.C.G.A. T. 18, Ch. 4, Art. 4).

Proceedings must be based on a domestic, not a foreign judgment. Union Inv. Co. v. Southern Ry., 32 Ga. App. 478, 124 S.E. 77, cert. denied, 32 Ga. App. 808 (1924) (decided under former Civil Code 1910, § 5265).

Separate affidavit and bond is required for each judgment as to which garnishment is sought. Rich & Co. v. Kiser & Co., 61 Ga. 370 (1878) (decided under former Ga. L. 1884-55, p. 54).

Impact of consolidation.

- Consolidation by assignee of two executions issued on judgments obtained in separate suits in affidavit and bond renders proceedings illegal and void. Morgan v. Latham, 111 Ga. 835, 36 S.E. 99 (1900) (decided under former Civil Code 1895, § 4708); Wright v. Stewart, 22 Ga. App. 655, 97 S.E. 193 (1918) (decided under former Civil Code 1910, § 5268).

RESEARCH REFERENCES

C.J.S.

- 38 C.J.S., Garnishment, § 140 et seq.

ALR.

- Discharge of attachment or garnishment, or bond for its dissolution, by subsequent amendment of pleadings or writ, 74 A.L.R. 912.

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