O.C.G.A. § 18-4-42 (2019)
Filing and contents of summons of continuing garnishment; filing of subsequent answers
(a) As used in this Code section, the term “previous garnishee answer date” means the date upon which the immediately preceding garnishee answer was filed.
(b) If the garnishee owes the defendant any sum for wages earned as the garnishee’s employee or any sum for goods or services periodically provided to the garnishee, the garnishee answer shall state specifically when the sum was earned by the defendant, whether the sum was earned on a daily, weekly, or monthly basis, any rate of pay and hours worked, and the basis for computation of earnings.
(c) The summons of continuing garnishment shall be directed to the garnishee, commanding and obligating the garnishee: (1) To file a first garnishee answer with the court issuing such summons not sooner than 30 days and not later than 45 days after service of the summons of continuing garnishment, for the period of time from the date of service through and including the day of the first garnishee answer; (2) To file subsequent garnishee answers with such court for the remaining period covered by the summons of continuing garnishment; and (3) To send any money subject to continuing garnishment concurrently with each garnishee answer.
(d) Subsequent garnishee answers shall be filed not later than 45 days after the previous garnishee answer date stating what money of the defendant is subject to continuing garnishment from the previous garnishee answer date through and including the date on which the next garnishee answer is filed.
(e) The summons of continuing garnishment shall state that if the garnishee fails to file a garnishee’s answer to such summons in a timely manner, a judgment by default shall be entered against the garnishee for the amount remaining due on a judgment as shown in the plaintiff’s affidavit of continuing garnishment.
(f)(1) If the employment relationship or obligation for periodic payment between the garnishee and the defendant does not exist at the time of service of the summons of continuing garnishment, the garnishee shall state in the garnishee answer that such relationship does not exist and may immediately file the garnishee’s answer; provided, however, that such garnishee’s answer shall be filed not later than 45 days after service of the summons of continuing garnishment.
(2) If the employment relationship or obligation for periodic payment between the garnishee and the defendant terminates on or after service of the summons of continuing garnishment, the garnishee shall state in the garnishee answer that such relationship has been terminated, giving the date of termination, and may immediately file the garnishee’s answer; provided, however, that such garnishee’s answer shall be filed not later than 45 days after service of the summons of continuing garnishment or 45 days after the previous garnishee answer date, whichever is later.
(3) If, on or after service of the summons of continuing garnishment, the most recent two preceding garnishee answers filed at least 30 days apart advise that no payments are owed the defendant, the garnishee may elect to file a final garnishee answer, identified as such; provided, however, that such garnishee’s answer shall be filed not later than 45 days after service of the summons of continuing garnishment or 45 days after the previous garnishee answer date, whichever is later.
(g) When a garnishee answer is made pursuant to subsection (f) of this Code section, no claim has been filed, and no traverse has been filed within 20 days after such garnishee answer is served on the plaintiff, the garnishee shall be discharged from further liability and obligation in the same manner as set forth under Code Section 18-4-20 for that summons with respect to the period of continuing garnishment remaining after the employment or periodic payment relationship is terminated, or a final garnishee answer is filed.
(h) The form for a garnishee’s answer to a continuing garnishment is set forth in Code Section 18-4-86.
History
Code 1981, § 18-4-42, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2020, p. 691, § 21/SB 443. The 2020 amendment, effective January 1, 2021, in subsection (b), inserted “or any sum for goods or services periodically provided to the garnishee”, substituted “sum was” for “wages were” twice, and substituted “any rate” for “the rate”; inserted “and obligating” in subsection (c); in paragraph (c)(3), substituted “send” for “accompany all such garnishee answers with” and added “concurrently with each garnishee answer”; deleted the paragraph (d)(1) designation; deleted former paragraphs (d)(2) and (d)(3), which read: “(2) Subsequent garnishee answers shall not be required on a summons of continuing garnishment if the preceding garnishee answer filed states what money of the defendant is subject to continuing garnishment from the previous garnishee answer date to and including the one hundred seventy-ninth day after service of the summons of continuing garnishment. “(3) Notwithstanding the other provisions of this subsection, the last garnishee answer shall be filed not later than the
one hundred ninety-fifth day after service of the summons of continuing garnishment.”; inserted “or obligation for periodic payment” in paragraph (f)(1); deleted former paragraph (f)(2), which read: “When the defendant has been an employee of the garnishee, and if the defendant is no longer employed by the garnishee, the garnishee may immediately file the garnishee’s answer; provided, however, that such garnishee’s answer shall be filed not later than 45 days after service of the summons of continuing garnishment.”; redesignated former paragraph (f)((3) as present paragraph (f)(2); in paragraph (f)(2), inserted “or obligation for periodic payment” and added “or 45 days after the previous garnishee answer date, whichever is later”; added paragraph (f)(3); deleted former paragraph (f)(4), which read: “Upon the termination of employment of the defendant by the garnishee, the garnishee shall be required to file a final garnishee answer stating the date of the defendant’s termination”; and, in subsection (g), substituted “served on the plaintiff,” for “filed”, inserted “or periodic payment”, and added “, or a final garnishee answer is filed”.
Annotations
JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions decided under former O.C.G.A. §§ 18-4-113 and 18-4-117 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 the garnishee’s 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 Ga. App. LEXIS 3243 (1983) (decided under former O.C.G.A. § 18-4-113).
Because a default judgment can be entered pursuant to former O.C.G.A. § 184-115(a) only when the garnishee failed to timely file an answer, and by the plain terms of former O.C.G.A. § 18-4113(a)(1), the time in which an answer must be filed was triggered by the service of a summons of continuing garnishment, a default judgment was entered as provided in § 18-4-115(a) only after the garnishee had been served with proper process or had waived service of process, and § 18-4-115(b) provides relief, therefore, only when process had been served or waived; when a court enters a default judgment in a continuing garnishment proceeding in which the garnishee had not been served with a summons of continuing garnishment and the court had not obtained jurisdiction of the person of the
garnishee, the default judgment was not one entered as provided in § 18-4-115(a), and § 18-4-115(b) afforded no relief, and in such a case, the garnishee was entitled to bring a motion to set aside the default judgment under O.C.G.A. § 9-11-60(d)(1). Lewis v. Capital Bank, 311 Ga. App. 795, 717 S.E.2d 481, 2011 Ga. App. LEXIS 846 (2011) (decided under former O.C.G.A. § 18-4-113). Former O.C.G.A. § 18-4-117 was not intended to obviate a nonemployer-garnishee’s compliance with former O.C.G.A. § 18-4-113. Melnick v. Fund Mgt., Inc., 172 Ga. App. 773, 324 S.E.2d 595, 1984 Ga. App. LEXIS 2662 (1984) (decided under former O.C.G.A. § 18-4-113).
Nonemployer garnishee not discharged from general garnishment liability. - Purpose of former O.C.G.A. § 18-4-117 was to ensure that only employers will be subject to continuing garnishment and that nonemployer garnishees will be automatically discharged with regard to the continuing aspect of the action; however, that section did not purport to discharge a nonemployer garnishee from such general garnishment liability as existed at the time the original answer was filed. Melnick v. Fund Mgt., Inc., 172 Ga. App. 773, 324 S.E.2d 595, 1984 Ga. App. LEXIS 2662 (1984) (decided under former O.C.G.A. § 18-4-117).
RESEARCH REFERENCES Am. Jur. 2d. 6 Am. Jur. 2d, Attachment and Garnishment, § 339 et seq.
C.J.S. 38 C.J.S., Garnishment, § 173 et seq.