O.C.G.A.

O.C.G.A. § 18-4-71 (2019)

Affidavit of garnishment

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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“IN THE

STATE OF GEORGIA ) Plaintiff: ) ) ) Name ) ) Plaintiff’s contact information: ) ) ) Name ) ) Civil Action File No. Street Address ) ) City State ZIP Code ) ) E-mail Address ) ) Phone Number ) ) Bar Number ) ) v. ) ) Defendant: ) ) ) Name ) ) Street Address ) ) City State ZIP Code ) ) Garnishee: ) ) ) Name ) ) Street Address ) ) City State ZIP Code )

AFFIDAVIT OF GARNISHMENT □ Check this box if the Garnishee is a financial institution. □ Check this box if garnishment is for the collection of child support or alimony. See O.C.G.A. § 18-4-50, et seq. Personally appeared , who on oath says: (Print name) 1. I am the (Plaintiff) (Attorney at Law for Plaintiff) (Agent for Plaintiff). [Circle one] 2. The Plaintiff obtained a judgment against the Defendant in Case Number in the Court of County, , and State no agreement requires forbearance from the garnishment which is applied for currently. 3. $ is the balance due, which consists of the sum of $ Principal, $ Postjudgment interest, and $ Other (e.g., prejudgment interest, attorney’s fees, costs [exclusive of the cost of this action]). 4. Upon the Affiant’s personal knowledge or belief, the sum stated herein is unpaid. This day of

, 20 . Affiant Print name of Affiant Sworn to and subscribed before me this of , 20 . Notary Public or Deputy Clerk of Court”

History

Code 1981, § 18-4-71, enacted by Ga. L. 2016, p. 8, § 1/SB 255.

day

DEBTOR AND CREDITOR

Annotations

JUDICIAL DECISIONS

Editor’s notes. - In light of the similarity of the statutory provisions, decisions decided under former O.C.G.A. § 18-4-66 are included in the annotations for this Code section. Verification of garnishee’s answer. - Garnishee’s answer to a verified post-

judgment garnishment petition need not be verified. First Nat’l Bank v. Sinkler, 170 Ga. App. 668, 317 S.E.2d 897, 1984 Ga. App. LEXIS 2908 (1984) (decided under former O.C.G.A. § 18-4-66).

RESEARCH REFERENCES ALR. Omission of signature of issuing officer on civil process or summons as affecting

jurisdiction of the person, 37 A.L.R.2d 928.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2018–2026 · leading case: Blach v. Diaz-Verson, 810 S.E.2d 129 (Ga. 2018).
Blach v. Diaz-Verson, 810 S.E.2d 129 (Ga. 2018). · cites it 6× “See OCGA § 18-4-4 (c) (2) and (4) ; see also OCGA §§ 18-4-71, 18-4-74 through 18-4-77.”
Blach v. Diaz-Verson, 303 Ga. 63 (Ga. 2018). · cites it 5× “See OCGA § 18-4- 4 (c) (2) and (4); see also OCGA §§ 18-4-71, 18-4-74 through 18-4-77.”
Sms Fin. Recovery Servs., LLC v. Yaarit Silverstone (Ga. Ct. App. 2026). · cites it 4× “”23 Even so, SMS appears to suggest that garnishment proceedings are both special statutory proceedings and civil actions because OCGA § 18-4-71 provides the form required to submit an “affidavit of garnishment,” and at the top of the form, there is 23 (Emphasis added).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.