O.C.G.A.

O.C.G.A. § 18-4-86 (2019)

Garnishee answer to continuing garnishment

✓ 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 ANSWER OF (GARNISHEE) TO CONTINUING GARNISHMENT 1. From the time of service of the Summons of Continuing Garnishment, if this is the first Garnishee Answer to such summons, otherwise from the time of the last Garnishee Answer to the Summons of Continuing Garnishment until the time of this Garnishee Answer, the Garnishee had in the Garnishee’s possession the following described property of the Defendant:

2. From the time of service of the Summons of Continuing Garnishment, if this is the first Garnishee Answer to such summons, otherwise from the time of the last Garnishee Answer to the Summons of Continuing Garnishment until the time of this Gar259

nishee Answer, all obligations accruing from the Garnishee to the Defendant are in the amount of $ . 3. $ of the amount named in paragraph 2 were wages earned at the rate of $ per for the period beginning , 20 , through the time of making Date this Garnishee Answer. The amount of wages which is subject to this garnishment is computed as follows: $ Gross earnings $ Total social security and withholding tax and other mandatory deductions required by law $ Total disposable earnings $ Amount of wages subject to garnishment. 4. $

is the amount herewith paid into court.

5. □ Check this box if the Defendant is not presently employed by or owed periodic payments by the Garnishee. 6. □ Check this box if the Defendant was employed by or owed periodic payments by the Garnishee on or after service of the Summons of Continuing Garnishment but was terminated as of , 20 . Date 7. □ Check this box if this is the last Garnishee Answer this Garnishee is required to file to the presently pending Summons of Garnishment in the above-styled case. 8. 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, § 18-4-86, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2020, p. 691, § 33/SB 443; Ga. L. 2021, p. 922, § 18/HB 497. The 2020 amendment, effective January 1, 2021, substituted “Garnishee Answer of (Garnishee) To Continuing Garnishment” for “Garnishee

Answer To Continuing Garnishment”; and inserted “or owed periodic payments by” in paragraphs 5 and 6 of the form. 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 6 cases, 1999–2019 · leading case: Strickland v. Alexander, 153 F. Supp. 3d 1397 (N.D. Ga. 2015).
Strickland v. Alexander, 153 F. Supp. 3d 1397 (N.D. Ga. 2015). · cites it 4× “Then, the debtor must file a traverse of the garnishee’s answer under Section 18-4-86 (former Ga.Code § 46-505) asserting that the answer is untrue or legally insufficient.”
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. § 18-4-86. Any other person may file a claim that it has a claim superior to that of the judgment creditor to the money or other property subject to garnishment.”
Rivers v. Rivers, 823 S.E.2d 84 (Ga. Ct. App. 2019). · cites it 4× “Although the standardized "Garnishee Answer to Continuing Garnishment" form under OCGA § 18-4-86 contains an instruction *407 directing the garnishee to "[c]heck this box if this is the last Garnishee Answer this Garnishee is required to file to the presently pending Summons of…”
Tamie Rae Rivers v. Steven B. Rivers (Ga. Ct. App. 2019). · cites it 4× “In support of this argument, the garnishee notes that the standard garnishee’s answer form (although not the form used by the garnishee in this case) contains a “check-the-box option” to notify the trial court that no further answers are required.”
Strickland v. Alexander, 162 F. Supp. 3d 1302 (N.D. Ga. 2015). · cites it 2× “In Terrell , the court held that to assert an exemption claim using this procedure, a debtor must first file a claim under Section 18-4-95 and then file a traverse of the garnishee’s answer under O.C.G.A. § 18-4-86. 160 Ga.App. at 58 , 286 S.”
Lowery v. Dallis, 513 S.E.2d 740 (Ga. Ct. App. 1999). · cites it 2× “OCGA § 18-4-86. OCGA § 11-3-305 (d). OCGA § 11-3-104.”
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