Interrogatories to Judgment Debtor; Form; Contempt; Authorized Discovery Procedures

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6. Interrogatories to Judgment Debtor; Form; Contempt; Authorized Discovery Procedures

1. In aid of any judgment or execution issued by any court in this state upon which the unpaid balance does not exceed the jurisdictional amount for civil claims in magistrate court as provided in paragraph (5) of Code Section 15-10-2, the judgment creditor or his successor in interest when that interest appears of record, may, in addition to any other process or remedy provided by law, examine the judgment debtor by propounding the interrogatories specified in this Code section in the manner provided in this Code section.
2. If the judgment or execution concerning which interrogatories are being propounded was issued by the magistrate court, the judgment creditor may, after the entry of judgment, file the form interrogatories specified in this Code section with the clerk of the same magistrate court, along with costs of $10.00. Interrogatories filed under this subsection shall be served upon the judgment debtor by certified mail or statutory overnight delivery.
3. Interrogatories propounded pursuant to a judgment entered in any other court shall be filed as a new civil action and shall be accompanied by the filing and service fees required for civil actions in that magistrate court. Interrogatories propounded under this subsection shall be served upon the judgment debtor in the manner provided for service of process in civil actions in magistrate court.

(d) The interrogatories, verification, and notice shall be in substantially the following form:

Magistrate Court of _____________ County

State of Georgia

______________ Plaintiff Current Civil Action ______________ File No. ______________ Address ______________ v. Original Civil Action File No. ______________ ______________ Defendant Court where original judgment entered: ______________ ______________ Address ______________

INTERROGATORIES

TO: ______________, Defendant in the above-styled action: The Plaintiff in the above-styled action requests that you answer the following interrogatories separately, fully, and under oath and serve such answers on said plaintiff at plaintiff's address shown above by mail or hand delivery within 30 days after the service of these interrogatories. 1. List your full name, home phone number, and address, including apartment number and ZIP Code. 2. List the name, address, and phone number of your employer(s). 3. Describe and state the location of each piece of real estate in which you own any interest. 4. Give the name, address, phone number, and a description of the nature of any business venture in which you own any interest. 5. List the names, addresses, and phone numbers of all persons who owe money to you and specify the amounts owed. 6. List the names and addresses of all banks or savings institutions where you have any sums of money deposited and identify the accounts by number. 7. List and give the present location of all items of personal property owned by you that have a value of more than $100.00.

VERIFICATION

STATE OF GEORGIA, COUNTY OF ________________________________________________ ______________, being first duly sworn on oath, says the foregoing are true and complete answers to the interrogatories propounded by plaintiff to defendant. Sworn and subscribed before me, this ______ day of ______, ________. ______________ ______________ Notary public Defendant or attesting official

NOTICE

YOU ARE REQUIRED TO PROVIDE COMPLETE ANSWERS TO THE ABOVE-STATED QUESTIONS TO THE PLAINTIFF WITHIN 30 DAYS AFTER SERVICE OF THESE INTERROGATORIES UPON YOU. IF YOU DO NOT ANSWER, OR DO NOT ANSWER COMPLETELY, YOU MAY BECOME SUBJECT TO THE SANCTIONS PROVIDED BY LAW FOR CONTEMPT OF COURT. IF YOU NEED FURTHER INSTRUCTION OR IF YOU NEED ASSISTANCE IN ANSWERING THE QUESTIONS CONTACT THE COURT AT ONCE.

The court in its discretion may limit the number of times interrogatories may be propounded upon a judgment debtor, may relieve a judgment debtor of the obligation to answer one or more propounded interrogatories, and may for good cause shown enlarge the time for answering any interrogatory. The court may if necessary compel the answering of interrogatories, but the sanction of contempt shall be applied only after notice and an opportunity for hearing and a showing of willful failure to answer or willful failure to answer fully and truthfully.

An evasive or incomplete answer to an interrogatory shall be treated as a failure to answer.

Notwithstanding the provisions of Code Section 15-10-42, the judgment creditor or a successor in interest when that interest appears of record may, in addition to any other process or remedy provided by law, utilize the discovery provisions set forth in Code Section 9-11-69.

(Code 1981, §15-10-50, enacted by Ga. L. 1985, p. 1003, § 2; Ga. L. 1988, p. 267, § 1; Ga. L. 1990, p. 886, §§ 1, 2; Ga. L. 1996, p. 365, § 1; Ga. L. 1999, p. 81, § 15; Ga. L. 2000, p. 1589, § 3; Ga. L. 2008, p. 824, § 5/HB 958.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1985, Code Section 15-10-50, as enacted by Ga. L. 1985, p. 636, § 2, was redesignated as Code Section 15-10-51.

Pursuant to Code Section 28-9-5, in 1988, a comma was inserted following "COMPLETELY" in the "NOTICE" of subsection (d).

Pursuant to Code Section 28-9-5, in 1990, "ZIP Code" was substituted for "ZIP code" in the first instruction listed on the form in subsection (d).

Pursuant to Code Section 28-9-5, in 2008, a comma was inserted following "by the magistrate court" near the beginning of subsection (b).

Editor's notes.

- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to subsection (b) is applicable with respect to notices delivered on or after July 1, 2000.

Law reviews.

- For article, "The Civil Jurisdiction of State and Magistrate Courts," see 24 Ga. St. B. J. 29 (1987).

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