O.C.G.A.

O.C.G.A. § 18-4-90 (2019)

Modification of 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. ) ) ) ) ) )

MODIFICATION OF CONTINUING GARNISHMENT To: Garnishee This is to notify you that the undersigned Plaintiff and Defendant have agreed to a modification of the above-styled garnishment action. Upon receipt of service of a legible copy of this document, stamped by the garnishment court, with the signatures of both Plaintiff and Defendant affixed and fully notarized, the Summons of Garnishment served upon you in this action is superseded as follows: you are commanded instead to make the following deduction from all obligations owed to the Defendant during the remaining garnishment period of the abovestyled garnishment action:

1) The sum of $ (circle one); 2) per week/two weeks/month/paycheck % of the disposable income of Defendant; or 3) % of the gross amount due the Defendant for (state payment basis, e.g., invoice, monthly draw, all goods and services, etc.). You are authorized and instructed to deliver such amount(s) to Plaintiff directly, by any electronic or other mechanism provided to you by Plaintiff if acceptable to you, or payable and addressed to: (Plaintiff or attorney/firm name) (Plaintiff or attorney street address) (Plaintiff or attorney city, state, ZIP Code) This Modification does not terminate the garnishment action, nor does it relieve you of the obligation to file answers of garnishment with the garnishment court and to serve such answers on the Plaintiff and Defendant within the times and in the manner prescribed by law. This Modification is effective only upon service on you of a file-stamped copy of same. Agreed to by: Sign:

Sign:

Print:

Print:

Title (if any) Title (if any) Plaintiff Defendant Attorney Executed before me by this day of , 20 Notary Public/Clerk , or Representative/ Executed before me by this day of , 20 Notary Public/Clerk”

History

Code 1981, § 18-4-90, enacted by Ga. L. 2020, p. 691, § 35/SB 443.

,

Effective date. This Code section became effective January 1, 2021.

CHAPTER 5 DEBT ADJUSTMENT Sec.

Definitions. Debt adjusting permitted. Exemption for debt adjustment by certain individuals or entities. Annual requirements for persons engaged in debt adjusting; designation of repository office.

Sec.

Timing of disbursements to appropriate creditors; trust account required. Penalty for unlawfully engaging in business of debt adjusting. Role of Attorney General in promulgating rules and regulations.

Annotations

OPINIONS OF THE ATTORNEY GENERAL Organizations exempt from taxation under § 501(3)(c) of the Internal Revenue Code, although exempt from the credit repair law, O.C.G.A. § 16-9-59,

are prohibited from engaging in activities proscribed by O.C.G.A. T. 14, Ch. 5. 1997 Op. Att’y Gen. No. U97-6.

RESEARCH REFERENCES ALR. Legislation regulating, taxing, or for-

bidding business of debt adjusting, 95 A.L.R.2d 1354.