O.C.G.A.

O.C.G.A. § 18-4-85 (2019)

Financial institution 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.

Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

“IN THE

Plaintiff v. Defendant

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

) ) )

Garnishee

FINANCIAL INSTITUTION GARNISHEE ANSWER OF (GARNISHEE) 1. At the time of service of the Summons of Garnishment on a Financial Institution and including the next five days, the Garnishee had in its possession the following described money and property of the Defendant:

2. $

is the amount herewith paid into court.

3. □ Check this box if the Defendant is not presently an account holder of the Garnishee. 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, § 18-4-85, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2020, p. 691, § 32/SB 443; Ga. L. 2021, p. 922, § 18/HB 497. The 2020 amendment, effective January 1, 2021, added “OF (Garnishee)” in the

heading “Financial Institution Garnishee Answer”. 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”.

Notes of Decisions

Cited in 10 cases, 1999–2018 · leading case: Strickland v. Alexander, 153 F. Supp. 3d 1397 (N.D. Ga. 2015).

Sort: Relevance Newest Treatment

Strickland v. Alexander, 153 F. Supp. 3d 1397 (N.D. Ga. 2015). · cites it 8× “” O.C.G.A. §§ 18-4-85, 184-86. If no traverse is filed within 15 days after service of the garnishee’s answer, the clerk must pay any money delivered to the court by the garnishee to the plaintiff creditor,, and the garnishee is automatically discharged from further liability.”

Tony W. Strickland v. Richard T. Alexander, 772 F.3d 876 (11th Cir. 2014). “In this case, less than four months went by between Discover’s filing of the garnishment action against Strickland and Discover’s dismissal of that very same action.”

A. M. Buckler & Assocs., Inc. v. Sanders, 700 S.E.2d 701 (Ga. Ct. App. 2010). · cites it 2× “Buckler relies on OCGA § 18-4-85, which is entitled “Traverse of answer of garnishee by plaintiff” and provides that, once the garnishee serves his answer on the plaintiff, the plaintiff or claimant must traverse the answer within 15 days after it is served or the garnishee is…”

Bank of Am., N.A. v. Johnson (In re Johnson), 479 B.R. 159 (Bankr. N.D. Ga. 2012). · cites it 2× “O.C.G.A. § 18-4-85. A traverse is a statement that the garnishee’s answer is “untrue or legally insufficient” and places in issue all questions of law and fact concerning the answer.”

Blach v. Diaz-Verson, 810 S.E.2d 129 (Ga. 2018). · cites it 2× “" OCGA § 18-4-85 (3). This language is not contained in the forms for the garnishee answer to other types of garnishments.”

Blach v. Diaz-Verson, 303 Ga. 63 (Ga. 2018). · cites it 2× “” OCGA § 18-4-85 (3). This language is not contained in the forms for the garnishee answer to other types of garnishments.”

Akridge v. Silva, 681 S.E.2d 667 (Ga. Ct. App. 2009). · cites it 2× “For instance, OCGA § 18-4-85 provides that a plaintiff (such as Akridge) *865 “must traverse the [garnishee’s] answer within 15 days after it is served or the garnishee is automatically discharged from further liability with respect to the summons so answered.”

In Re Williams, 460 B.R. 915 (Bankr. N.D. Ga. 2011). · cites it 2× “2010) (Holding that the expiration of the fifteen-day period stated in Section 18-4-85 for filing a traverse or a claim did not cut off a claimant’s right to file a claim where no judgment had been entered on the garnishee’s answer and the funds had not yet been distributed).”

Lowery v. Dallis, 513 S.E.2d 740 (Ga. Ct. App. 1999). · cites it 4× “(d) Equally unsuccessful is Lowery’s and Wilson’s argument that Dallis’ traverses of their answers were untimely under OCGA § 18-4-85, in that the traverses were not served on them until over two months after their answers were filed.”

Strickland v. Alexander, 162 F. Supp. 3d 1302 (N.D. Ga. 2015). · cites it 2× “…at 707 , 700 S.E.2d 701 . Such third-party claimants are only authorized to traverse the garnishee's answer. O.C.G.A. §§ 18-4-85 & 18-4-86.”

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.