O.C.G.A.

O.C.G.A. § 18-4-88 (2019)

Third-party claim

✓ 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. ) ) ) ) ) )

THIRD-PARTY CLAIM Personally appeared

, who on oath says that he (Print name) or she has a claim superior to that of the Plaintiff to the money or other property in the hands of the Garnishee subject to the process of garnishment. The Affiant further states: (check applicable box and complete the information requested) □ The Affiant obtained a judgment against the Defendant in the Court of County, , in State Case Number on , and the unpaid balance Date of such judgment is in the amount of $ . or □ The basis of the Affiant’s claim is

This

day of

, 20

. Affiant Print name of Affiant

Sworn to and subscribed before me this of , 20 .

day

Notary Public or Deputy Clerk of Court CERTIFICATE OF SERVICE This is to certify that I have this day served the Plaintiff or Plaintiff’s Attorney, 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

.

Third-party Claimant or Third-party Claimant’s Attorney”

History

Code 1981, § 18-4-88, enacted by Ga. L. 2016, p. 8, § 1/SB 255.

Notes of Decisions
Cited in 5 cases, 1984–2015 · leading case: Bank of Am., N.A. v. Johnson (In re Johnson), 479 B.R. 159 (Bankr. N.D. Ga. 2012).
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. § 18-4-88. If no traverse or claim has been filed within 15 days after the filing of the garnishee’s answer, the clerk pays the money to the judgment creditor on its application.”
Akridge v. Silva, 681 S.E.2d 667 (Ga. Ct. App. 2009). · cites it 2× “8 See OCGA § 18-4-88. 9 OCGA § 18-4-95 is discussed in detail in Division 2, infra.”
Strickland v. Alexander, 153 F. Supp. 3d 1397 (N.D. Ga. 2015). · cites it 2× “In addition, prior to entry of judgment on the garnishee’s answer or distribution of any money ,or property subject to garnishment, “any person may file a claim in writing under oath stating that he has a claim superior to that of the plaintiff to-the money or othér property in…”
Se. Grading, Inc. v. Grissom-Harrison Corp., 319 S.E.2d 121 (Ga. Ct. App. 1984). · cites it 2× “Here, appellant filed a timely answer which was traversed by appellee, and a hearing was held pursuant to OCGA § 18-4-88. Judgment was subsequently entered against the garnishee after the trial court ruled that appellant’s answer was legally insufficient.”
S. Land & Cattle Co. v. Brock, 443 S.E.2d 647 (Ga. Ct. App. 1994). · cites it 2× “Thereafter, without further hearing and without ruling on the traverse, the trial court entered an order on the “Complaint For Damages” granting summary judgment. Since the summary judgment order dismissed the garnishment proceeding on the basis that the judgment had been paid…”
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