O.C.G.A.

O.C.G.A. § 18-4-84 (2019)

Garnishee answer

✓ 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

Plaintiff v. Defendant Garnishee

STATE OF GEORGIA ) ) ) ) ) Civil Action File No. ) ) ) ) ) )

(GARNISHEE)

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”

History

Code 1981, § 18-4-84, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2020, p. 691, § 31/SB 443; Ga. L. 2021, p. 922, § 18/HB 497. The 2020 amendment, effective January 1, 2021, added “OF (GARNISHEE)” in the form catchline.

The 2021 amendment, effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, substituted “United States mail” for “United States Mail” in the form under “CERTIFICATE OF SERVICE”.

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).

Notes of Decisions
Cited in 5 cases, 1983–2018 · leading case: Blach v. Diaz-Verson, 810 S.E.2d 129 (Ga. 2018).
Prudential-Bache Sec., Inc. v. Bartow Cnty. Bank, 370 S.E.2d 751 (Ga. Ct. App. 1988). · cites it 2× “Rather, we conclude that by not exercising its right of set-off prior to filing its answer, the bank forfeited that right and became obligated to deliver the accrued interest to the court along with its answer, pursuant to OCGA § 18-4-84. To conclude otherwise would be to permit…”
Blach v. Diaz-Verson, 810 S.E.2d 129 (Ga. 2018). · cites it 2× “See OCGA §§ 18-4-84 (garnishee answer form) and 18-4-86 (garnishee answer to continuing garnishment form).”
Blach v. Diaz-Verson, 303 Ga. 63 (Ga. 2018). · cites it 2× “See OCGA §§ 18-4-84 (garnishee answer form) and 18-4-86 (garnishee answer to continuing garnishment form).”
Se. Grading, Inc. v. Grissom-Harrison Corp., 319 S.E.2d 121 (Ga. Ct. App. 1984). · cites it 2× “See OCGA § 18-4-84. Appellee timely filed a traverse of appellant’s answer, and a hearing, at which a representative of appellant appeared without counsel, followed.”
United Merchants & Mfrs., Inc. v. Citizens & S. Nat'l Bank, 304 S.E.2d 552 (Ga. Ct. App. 1983). · cites it 2× “) OCGA § 18-4-84 (Code Ann. § 46-503) states: “Delivery to Court of Property: Along with the answer, the garnishee shall deliver to the court the money or other property admitted in the answer to be subject to garnishment.”
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.