(For Effective Date, See note.) Garnishee Answer; Property Located in Area With Restricted Access; Physical Filings Allowed

  1. Law
  2. Georgia Code
  3. Debtor and Creditor
  4. Garnishment Proceedings
  5. General Provisions
  6. (For Effective Date, See note.) Garnishee Answer; Property Located in Area With Restricted Access; Physical Filings Allowed

Checkout our iOS App for a better way to browser and research.

  1. (For effective date, see note.) Within the time prescribed by Code Section 18-4-10, the garnishee shall file a garnishee answer. Concurrently with the garnishee's answer, the garnishee shall send or deliver to the court the money or other property admitted in the garnishee's answer to be subject to garnishment except, when the conditions of subsection (d) of Code Section 18-4-5 have been satisfied, the specified amounts of money in each answer shall, instead, be paid directly to the plaintiff.
  2. If in responding to the summons of garnishment the garnishee shall state that the property of the defendant includes property in a safe-deposit box or similar property, the garnishee shall respond to the court issuing the summons of garnishment as to the existence of such safe-deposit box and shall restrict access to any contents of such safe-deposit box until the earlier of:
    1. Further order of such court regarding the disposition of the contents of such safe-deposit box; or
    2. The elapsing of 120 days from the date of filing of the garnishee answer unless such time has been extended by the court.
  3. If the garnishee has been served with a summons in more than one garnishment case involving the same defendant, the garnishee shall state in each garnishee answer that the money or other property is being paid or delivered to a specifically named court subject to the demands of other cases and shall give the numbers of all such cases in each garnishee answer.
  4. If the garnishee is unable to respond with the specific information required by this Code section, the garnishee's inability shall be stated in the garnishee's answer, together with all the facts plainly, fully, and distinctly set forth, so as to enable the court to give judgment thereon.
  5. The form for a garnishee answer is set forth in Code Section 18-4-84, and the form for a financial institution garnishee answer is set forth in Code Section 18-4-85.
  6. (For effective date, see note.) A garnishee may elect to file, and a court shall not reject, a physical answer or answers of garnishment even in courts otherwise subject to electronic filing requirements.

(Code 1981, §18-4-11, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2020,p. 691, § 9/SB 443.)

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions decided under former O.C.G.A. § 18-4-84 are included in the annotations for this Code section.

Summons of garnishment establishes lien which attaches from date of service.

- Summons of garnishment directing the garnishee to deliver any property into court that is subject to garnishment establishes a lien on the subject property that attaches from the date of service of the summons of garnishment. 1981 Op. Att'y Gen. No. U81-25 (decided under former O.C.G.A. § 18-4-84).

Garnishment action remains ancillary to or dependent upon principal action between creditor and debtor, even though it establishes lien on subject property. 1981 Op. Att'y Gen. No. U81-25 (decided under former O.C.G.A. § 18-4-84).

Rank of judgment on which garnishment depends determines priority.

- Because of ancillary nature of garnishment, the relevant factor in determining priorities of several garnishments is rank of judgment on which garnishment is dependent and not rank of garnishment lien. 1981 Op. Att'y Gen. No. U81-25 (decided under former O.C.G.A. § 18-4-84).

Priority lien that initial garnishing creditor obtains by virtue of initial creditor having first served garnishee does not defeat priority of subsequent garnishing creditor with senior judgment. 1981 Op. Att'y Gen. No. U81-25 (decided under former O.C.G.A. § 18-4-84).

RESEARCH REFERENCES

Am. Jur. 2d.

- 6 Am. Jur. 2d, Attachment and Garnishment, § 354 et seq.

C.J.S.

- 38 C.J.S., Garnishment, § 262 et seq.

ALR.

- Waiver or admission by garnishee as affecting principal defendant, 64 A.L.R. 430.

Answer on information and belief by trustee or garnishee in garnishment or trustee process, 125 A.L.R. 253.


Download our app to see the most-to-date content.