O.C.G.A. § 18-4-87 (2019)
Plaintiff’s traverse
“IN THE Plaintiff v. Defendant Garnishee
STATE OF GEORGIA ) ) ) ) ) Civil Action File No. ) ) ) ) ) ) PLAINTIFF’S TRAVERSE Now comes the Plaintiff in the above-styled case and traverses the Garnishee Answer or Motion to Modify Default Judgment by saying the same is untrue or legally insufficient. The Plaintiff further states: . Plaintiff or Plaintiff’s Attorney
CERTIFICATE OF SERVICE This is to certify that I have this day served the Defendant and the Garnishee 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 .
Plaintiff or Plaintiff’s Attorney”
History
Code 1981, § 18-4-87, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2020, p. 691, § 34/SB 443; Ga. L. 2021, p. 922, § 18/HB 497. The 2020 amendment, effective January 1, 2021, inserted “or Motion to Modify Default Judgment” in the first paragraph under the heading “Plaintiff’s Traverse”.
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 Note. - In light of the similarity of the statutory provisions, annotations decided under former O.C.G.A. § 18-4-66 are included in the annotations for this Code section. Traverse is not proper vehicle for
challenging the validity of a default judgment. Ray v. Standard Fire Ins. Co., 168 Ga. App. 116, 308 S.E.2d 221, 1983 Ga. App. LEXIS 2699 (1983) (decided under former O.C.G.A. § 18-4-66).