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2018 Georgia Code 18-4-43 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 18-4-43 Case Law from Google Scholar Amendments to OCGA 18-4-43

TITLE 18 DEBTOR AND CREDITOR

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

ARTICLE 2 CONTINUING GARNISHMENT PROCEEDINGS

18-4-43. Default judgment against garnishee in continuing garnishment; relief from default.

  1. When a garnishee fails or refuses to file a garnishee answer at least once every 45 days, such garnishee shall automatically be in default. The default may be opened as provided in Code Section 18-4-21. 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 continuing garnishment.
  2. A garnishee may obtain relief from a default judgment upon the same conditions as provided in Code Section 18-4-24.

(Code 1981, §18-4-43, 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 decided under former O.C.G.A. §§ 18-4-90 and18-4-115 are included in the annotations for this Code section.

Garnishable wages of federal employee.

- Payment of a default judgment entered against the United States pursuant to state law for the full amount of unpaid child support was not authorized by federal law. Only those wages due to the garnished federal employee at the time process was served were subject to superimposed state garnishment laws. Loftin v. Rush, 767 F.2d 800 (11th Cir. 1985) (decided under former O.C.G.A. § 18-4-115).

When claim for default arises.

- 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).

Former O.C.G.A.

§ 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).

RESEARCH REFERENCES

Am. Jur. 2d.

- 6 Am. Jur. 2d, Attachment and Garnishment, § 386.

C.J.S.

- 38 C.J.S., Garnishment, § 416 et seq.

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