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2018 Georgia Code 18-4-9 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 18-4-9 Case Law from Google Scholar Amendments to OCGA 18-4-9

TITLE 18 DEBTOR AND CREDITOR

Section 4. Garnishment Proceedings, 18-4-1 through 18-4-89.

ARTICLE 1 GENERAL PROVISIONS

18-4-9. Periodic summonses; original filing date limiting extension.

  1. Summonses of garnishment may issue from time to time until the judgment is paid or the garnishment proceeding is otherwise terminated.
  2. No new summons of garnishment on the same affidavit of garnishment shall be issued after two years from the date of the original filing of such affidavit. After two years, the garnishment proceeding based on such affidavit shall automatically stand dismissed unless there are funds remaining in the registry of the court or a new summons of garnishment has been issued in the preceding 30 days.

(Code 1981, §18-4-9, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2018, p. 820, § 5/SB 194.)

The 2018 amendment, effective May 8, 2018, substituted "After two years, the" for "The" at the beginning of the second sentence of subsection (b).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, certain decisions under former Civil Code 1910, § 5269 are included in the annotations for this Code section.

Additional affidavit to obtain another summons in appropriate cases.

- While summons of garnishment may issue from time to time before trial, without giving an additional affidavit, the plaintiff in a garnishment proceeding is not precluded from making, if the plaintiff so desires, an additional affidavit to obtain another summons of garnishment, when the answer of the garnishee to the first summons shows that the garnishee was indebted to the defendant in an amount less that of the plaintiff's claim. Johnson v. Atlanta Furn. Co., 47 Ga. App. 124, 169 S.E. 767 (1933) ??? (decided under former Civil Code 1910, § 5269).

RESEARCH REFERENCES

Am. Jur. 2d.

- 6 Am. Jur. 2d, Attachment and Garnishment, § 342.

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