O.C.G.A.

O.C.G.A. § 18-4-80 (2019)

Summons of continuing garnishment for support

✓ 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 ) ) Email Address ) ) Phone Number ) ) Bar Number ) ) v. ) ) ) Garnishment Court Defendant: information: ) Name ) Street Address ) , Georgia Street Address ) City City State ZIP Code Garnishee: Name Street Address City State ZIP Code ) ) ) ) ) ) ) ) ) ) ) ) ) ZIP Code Phone Number

SUMMONS OF CONTINUING GARNISHMENT FOR SUPPORT GOVERNED BY ARTICLE 3 OF CHAPTER 4 OF TITLE 18 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 until the original arrearage is retired and all periodic support payments are current or until the termination of the garnishment. 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. YOU MUST FILE ADDITIONAL ANSWERS UNTIL THE ORIGINAL ARREARAGE IS RETIRED AND ALL PERIODIC SUPPORT PAYMENTS ARE CURRENT. Money, including wages, or other property admitted in an answer to be subject to continuing garnishment must be sent or delivered to the Court concurrently with each answer. The Plaintiff and the Defendant are required by law to serve you with a copy of any amendment or modification to the original judgment. 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 Court. This , Judge of said day of

, 20 .

, Clerk of Court By: Deputy Clerk, Court”

History

Code 1981, § 18-4-80, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2020, p. 691, § 30/SB 443; Ga. L. 2021, p. 922, § 18/HB 497. The 2020 amendment, effective January 1, 2021, substituted “be sent” for “be paid” in the seventh sentence of the Command paragraph.

The 2021 amendment, effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, substituted “Email Address” for “E-mail Address” in the form under “Plaintiff’s contact information”.

Notes of Decisions
Cited in 2 cases, 2002–2020 · leading case: Chase Manhattan Bank v. LaFray, 573 S.E.2d 435 (Ga. Ct. App. 2002).
Chase Manhattan Bank v. LaFray, 573 S.E.2d 435 (Ga. Ct. App. 2002). · cites it 4× “See OCGA § 18-4-80. 4 That Code section provides that a release of a summons of garnishment relieves the garnishee from the obligation to file an answer, and OCGA § 18-4-6 5 explains when a release is available.”
Modi v. Alexander (N.D. Ga. 2020). · cites it 2× “Defendant admits that, because Shehnaz earns only $14 per hour, recovering a $65,000 judgment will take time, but notes that O.C.G.A. § 18-4-80 allows for the recovery of costs associated with a summons.”
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.