O.C.G.A. § 18-4-9 (2019)
Periodic summonses; original filing date limiting extension
(a) Summonses of garnishment may issue from time to time until the judgment is paid or the garnishment proceeding is otherwise terminated.
(b) Except in a continuing garnishment or continuing garnishment for support, 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 from such original filing date and provided that no unadjudicated claims, traverses, appeals, motions, or other pleadings remain before the court, the garnishment proceeding, other than a continuing garnishment or continuing garnishment for support, 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. In the event funds remain in the registry at such time and the plaintiff has filed its certificate of compliance pursuant to subparagraph (b)(3)(A) of Code Section 18-4-8 and has made its application for disbursement, all such funds will be deemed abandoned by the defendant and disbursed to the plaintiff, notwithstanding any other provision of this Code section.
History
Code 1981, § 18-4-9, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2018, p. 820, § 5/SB 194; Ga. L. 2020, p. 691, § 7/SB 443. The 2020 amendment, effective January 1, 2021, rewrote subsection (b), which read: “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.”
Annotations
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 Ga. App. LEXIS 313 (1933) (decided under former Civil Code 1910, § 5269).
RESEARCH REFERENCES Am. Jur. 2d. 6 Am. Jur. 2d, Attachment and Garnishment, § 342.