O.C.G.A. § 18-4-25 (2019)
Release of summons of garnishment; release of garnishment
(a) A release of a summons of garnishment:
(1) Shall relieve the garnishee from any obligation to file a garnishee answer to any summons of garnishment pending on the date of the release and shall authorize the garnishee to pay or deliver to the defendant any money or other property in the garnishee’s possession belonging to the defendant; and
(2) Shall not operate as a dismissal of the garnishment proceeding.
(b) It shall be the duty of the clerk of the court in which garnishment proceedings are pending to issue a release of garnishment if:
(1) The plaintiff or the plaintiff’s attorney requests a release in writing;
(2) The amount shown to be due on the plaintiff’s affidavit of garnishment together with the costs of the garnishment proceeding are paid into court;
(3) A judge enters an order, after a hearing required by this chapter, directing that the garnishment be released; or
(4) The garnishment is dismissed.
(c) The form for a release of garnishment is set forth in Code Section
History
Code 1981, § 18-4-25, enacted by Ga. L. 2016, p. 8, § 1/SB 255.
Annotations
JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Civil Code 1895, § 4718, and former O.C.G.A. § 18-4-80 are included in the annotations for this Code section. Disposition of effects in garnishee’s hands. - Upon dissolution of garnishment, effects in garnishee’s hands should be paid to defendant. Garnishee cannot relieve oneself by paying money into court. Turner’s Chapel A.M.E. Church v. Lord Lumber Co., 121 Ga. 376, 49 S.E. 272, 1904 Ga. LEXIS 159 (1904) (decided under former Civil Code 1895, § 4718). Filing of common-law bond is no obstacle to entering of judgment
against garnishee. Warlick v. Neal Loan & Banking Co., 120 Ga. 1070, 48 S.E. 402, 1904 Ga. LEXIS 800 (1904) (decided under former Civil Code 1895, § 4718). Issuance of stay relieved garnishee from filing answer while stay was in effect. - Although a court had the authority both to release and stay a garnishment pursuant to former O.C.G.A. § 184-65, there was nothing to prevent a court from only issuing a stay without a release, and such a stay relieved the garnishee from answering even without issuance of a release; thus, the trial court erred in entering a default judgment against a bank as the garnishee in a garnishment proceeding while a stay was in effect
based on the bank’s failure to file an answer to the garnishment complaint. Chase Manhattan Bank v. LaFray, 258 Ga. App. 183, 573 S.E.2d 435, 2002 Ga.
App. LEXIS 1382 (2002), cert. denied, No. S03C0371, 2003 Ga. LEXIS 151 (Ga. Feb. 10, 2003) (decided under former O.C.G.A. § 18-4-80).
RESEARCH REFERENCES Am. Jur. 2d. 6 Am. Jur. 2d, Attachment and Garnishment, § 400 et seq. Am. Jur. Pleading and Practice Forms. 2C Am. Jur. Pleading and Practice
Forms, Attachment and Garnishment, §§ 267, 452.