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2018 Georgia Code 18-4-74 | Car Wreck Lawyer

TITLE 18 DEBTOR AND CREDITOR

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

ARTICLE 4 GARNISHMENT FORMS

18-4-74. Summons of garnishment.

"IN THE ______________ COURT OF ____________ COUNTY

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: ) Garnishment Court information:

__________________________________ ) __________________________________________

Name ) Street Address

__________________________________ ) __________________, Georgia

Street Address ) City

__________________________________ ) ______________

City State ZIP Code ) ZIP Code

)____________________________________________________________________________

)Phone Number

Garnishee: )

__________________________________ )

Name )

__________________________________ )

Street Address )

__________________________________ )

City State ZIP Code )

SUMMONS OF GARNISHMENT Check this box if this is a garnishment for child support or alimony. If this is intended to be a continuing garnishment for support, use the form set forth in O.C.G.A. § 18-4-80.

TO THE ABOVE-NAMED GARNISHEE:

Total amount claimed due by the Plaintiff............ $_____________

Plus court costs due on this summons............ $_____________

Total garnishment claim............ $_____________

COURT OF JUDGMENT ________________________________________________________

JUDGMENT CASE NO. ________________________________________________________

YOU ARE HEREBY COMMANDED to immediately hold all money, including wages, and other property, except what is known to be exempt, including property in safe-deposit boxes or similar property that you hold, belonging to the Defendant or obligations owed to the Defendant named above beginning on the day of service of this summons and including the next 29 days. You are FURTHER COMMANDED to file your answer, in writing, not sooner than 30 days and not later than 45 days from the date you were served with this summons, with the Clerk of this Court and serve a copy of your answer upon the Plaintiff or Plaintiff's Attorney named above and the Defendant named above, or the Defendant's Attorney, if known, at the time of making such answer. Your answer shall state what money, including wages, or other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant you hold beginning on the day of service of this summons and including the next 29 days. Money, including wages, or other property admitted in an answer to be subject to garnishment must be paid or delivered to the Court concurrently with your answer.

If, in answering this summons, you state that the property of the Defendant includes property in a safe-deposit box or similar property, you shall answer to the Court issuing this summons as to the existence of such safe-deposit box or similar property and shall restrict access to any contents of such safe-deposit box or similar property until further order of such Court regarding the disposition of such contents or 120 days from the date of filing your answer to this summons unless such time has been extended by the Court, whichever is sooner.

Should you fail to file a Garnishee Answer as required by this summons, a judgment by default will be rendered against you for the amount remaining due on a judgment as shown in the Plaintiff's Affidavit of Garnishment.

WITNESS, the Honorable ________________________, Judge of said Court.

This ________ day of ________________________, 20________.

______________________________, Clerk of Court

By: ______________________________

Deputy Clerk, ________________________ Court"

(Code 1981, §18-4-74, enacted by Ga. L. 2016, p. 8, § 1/SB 255.)

JUDICIAL DECISIONS

Cited in Blach v. Diaz-Verson, 303 Ga. 63, 810 S.E.2d 129 (2018).

Cases Citing Georgia Code 18-4-74 From Courtlistener.com

Total Results: 2

RBC GLOBAL ASSET MANAGEMENT (U.S.) INC. v. LATTIMORE

Court: Supreme Court of Georgia | Date Filed: 2024-10-15

Snippet: garnishments on a “financial institution.” See OCGA §§ 18-4-74, 18-4-76, 18-4-78, and 18-4-80. It also provides:

Blach v. Diaz-Verson

Court: Supreme Court of Georgia | Date Filed: 2018-02-05

Citation: 810 S.E.2d 129

Snippet: 18-4-4 (c) (2) and (4) ; see also OCGA §§ 18-4-71, 18-4-74 through 18-4-77. After the effective date of the