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Call Now: 904-383-7448When a garnishee is a financial institution and fails or refuses to file a garnishee answer by the fifteenth day after the date of service of the summons of garnishment, such garnishee shall automatically be in default. The default may be opened as a matter of right by the filing of a garnishee answer within 15 days of the day of default and payment of costs. If the case is still in default after the expiration of the period of 15 days, judgment by default may be entered at any time thereafter against such garnishee for the amount remaining due on the judgment obtained against the defendant as shown in the plaintiff's affidavit of garnishment.
(Code 1981, §18-4-22, enacted by Ga. L. 2016, p. 8, § 1/SB 255.)
- For note discussing default by the garnishee, see 12 Ga. L. Rev. 814 (1978).
- In light of the similarity of the statutory provisions, decisions decided under former O.C.G.A. § 18-4-90 are included in the annotations for this Code section.
- Claim arises against the garnishee at the time the garnishee falls into default by failing to file answers in a continuing garnishment proceeding, and is separate and distinct from any claim which may have existed prior to that time. Fazio v. Growth Dev. Corp., 168 Bankr. 1009 (Bankr. N.D. Ga. 1994) (decided under former O.C.G.A. § 18-4-90).
Garnishee failed to amend the defective answer as permitted by law and, pursuant to former O.C.G.A. § 18-4-90, the garnishee was automatically in default. Because the garnishee failed to establish the presence of a nonamendable defect on the face of the record or pleadings, the court abused the court's discretion by granting the motion to set aside the default judgment. Oxmoor Portfolio, LLC v. Flooring & Tile Superstore of Conyers, Inc., 320 Ga. App. 640, 740 S.E.2d 363 (2013) (decided under former O.C.G.A. § 18-4-90).
§ 18-4-91 only applicable to default judgments under former O.C.G.A. § 18-4-90. - Because a debtor's principal had answered a garnishment action by a judgment creditor, denying that the principal held any money or assets of the debtor, and the trial court entered a final judgment in favor of the creditor after holding an evidentiary hearing on the merits, it was error for the trial court to have reduced the judgment pursuant to the principal's motion under former O.C.G.A. § 18-4-91, as such was only applicable when a default judgment was obtained pursuant to former O.C.G.A. § 18-4-90. United Maint., Inc. v. Wilson, 265 Ga. App. 683, 595 S.E.2d 376 (2004) (decided under former O.C.G.A. § 18-4-90).
- 6 Am. Jur. 2d, Attachment and Garnishment, § 357.
Total Results: 2
Court: Supreme Court of Georgia | Date Filed: 2024-10-15
Snippet: reduce the default judgment within 1 OCGA § 18-4-22 provides: When a garnishee is a financial
Court: Supreme Court of Georgia | Date Filed: 1986-12-02
Citation: 350 S.E.2d 439, 256 Ga. 499, 8 Employee Benefits Cas. (BNA) 1925, 1986 Ga. LEXIS 943
Snippet: USCA § 1001 et seq., or the Georgia law, OCGA § 18-4-22.1, while in Mackey v. Lanier Collection Agency