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2018 Georgia Code 18-4-78 | Car Wreck Lawyer

TITLE 18 DEBTOR AND CREDITOR

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

ARTICLE 4 GARNISHMENT FORMS

18-4-78. Summons of continuing 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 CONTINUING GARNISHMENT 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, 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 179 days. You are FURTHER COMMANDED to file your answer, in writing, 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 or owe beginning on the day of service of this summons and between the time of such service and the time of making your first answer. Thereafter, you are required to file further answers no later than 45 days after your last answer. Every further answer shall state what money, including wages, and other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant you hold or owe at and from the time of the last answer to the time of the current answer. The last answer required by this summons shall be filed no later than the 195th day after you receive this summons. Money, including wages, or other property admitted in an answer to be subject to continuing garnishment must be paid or delivered to the Court concurrently with each answer.

Should you fail to file Garnishee Answers 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 Continuing Garnishment.

WITNESS, the Honorable ________________________, Judge of said Court.

This ________ day of ________________________, 20________.

______________________________, Clerk of Court

By: ______________________________

Deputy Clerk, ________________________ Court"

(Code 1981, §18-4-78, enacted by Ga. L. 2016, p. 8, § 1/SB 255.)

Cases Citing Georgia Code 18-4-78 From Courtlistener.com

Total Results: 1

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

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

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