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2018 Georgia Code 18-4-84 | Car Wreck Lawyer

TITLE 18 DEBTOR AND CREDITOR

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

ARTICLE 4 GARNISHMENT FORMS

18-4-84. Garnishee answer.

"IN THE ______________ COURT OF ____________ COUNTY

STATE OF GEORGIA __________________________________ )

Plaintiff )

v. ) Civil Action File No.

__________________________________ ) ________________________

Defendant )

__________________________________ )

Garnishee )

GARNISHEE ANSWER 1. At the time of service or from the time of service to the time of this Garnishee Answer, the Garnishee had in its possession the following described property of the Defendant:

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

2. At the time of service or from the time of service to the time of this Garnishee Answer, all obligations accruing from the Garnishee to the Defendant are in the amount of $____________.

3. $ __________ is the amount herewith paid into court.

4. The Garnishee further states: __________________________________________.

________________________________________

Garnishee,

Garnishee's Attorney, or

officer or employee of an entity Garnishee

CERTIFICATE OF SERVICE This is to certify that I have this day served the Plaintiff or Plaintiff's Attorney and the Defendant or Defendant's Attorney in the foregoing matter with a copy of this pleading by depositing it in the United States Mail in a properly addressed envelope with adequate postage thereon.

This ____________ day of ______________, 20____.

________________________________________

Garnishee,

Garnishee's Attorney, or

officer or employee of an entity Garnishee"

(Code 1981, §18-4-84, 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. § 18-4-66 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) (decided under former O.C.G.A. § 18-4-66).

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

Cases Citing O.C.G.A. § 18-4-84

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Blach v. Diaz-Verson, 303 Ga. 63 (Ga. 2018).

Cited 3 times | Published | Supreme Court of Georgia | Feb 5, 2018

...And the “Financial institution garnishee answer form” contains a box labeled in bold type “Check this box if the Defendant is not presently an account holder of the Garnishee.” OCGA § 18-4-85 (3). This language is not contained in the forms for the garnishee answer to other types of garnishments. See OCGA §§ 18-4-84 (garnishee answer form) and 18-4-86 (garnishee answer to continuing garnishment form)....
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Blach v. Diaz-Verson, 810 S.E.2d 129 (Ga. 2018).

Cited 3 times | Published | Supreme Court of Georgia | Feb 5, 2018

...And the "Financial institution garnishee answer form" contains a box labeled in bold *133type "Check this box if the Defendant is not presently an account holder of the Garnishee." OCGA § 18-4-85 (3). This language is not contained in the forms for the garnishee answer to other types of garnishments. See OCGA §§ 18-4-84 (garnishee answer form) and 18-4-86 (garnishee answer to continuing garnishment form)....