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2018 Georgia Code 18-4-25 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 18-4-25 Case Law from Google Scholar Amendments to OCGA 18-4-25

TITLE 18 DEBTOR AND CREDITOR

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

ARTICLE 1 GENERAL PROVISIONS

18-4-25. Release of summons of garnishment; release of garnishment.

  1. 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.
  2. 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.
  3. The form for a release of garnishment is set forth in Code Section 18-4-89.

(Code 1981, §18-4-25, 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 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) (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) (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. § 18-4-65, 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) (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.

2C Am. Jur. Pleading and Practice Forms, Attachment and Garnishment, §§ 267, 452.

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