Service of Garnishee's Answer

  1. Law
  2. Georgia Code
  3. Debtor and Creditor
  4. Garnishment Proceedings
  5. General Provisions
  6. Service of Garnishee's Answer

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  1. All garnishee answers shall, concurrently with filing, be served by the garnishee upon the plaintiff or the plaintiff's attorney and the defendant or the defendant's attorney.
    1. Service of the garnishee's answer upon the plaintiff shall be shown by the:
      1. Written acknowledgment of the plaintiff or the plaintiff's attorney; or
      2. Certificate of the garnishee or the garnishee's attorney, attached to the garnishee's answer, that a copy of the garnishee's answer was mailed to the plaintiff or the plaintiff's attorney.
    2. No service upon the plaintiff shall be required unless the name and address of the plaintiff or the plaintiff's attorney shall legibly appear on the face of the summons of garnishment.
    3. If the garnishee fails to serve the plaintiff, the plaintiff shall be allowed 20 days from the time the plaintiff receives actual notice of the garnishee's answer to traverse the garnishee's answer.
    1. Service of the garnishee's answer upon the defendant shall be shown by the:
      1. Written acknowledgment of the defendant or the defendant's attorney; or
      2. Certificate of the garnishee or the garnishee's attorney, attached to the garnishee's answer, that a copy of the garnishee's answer was mailed to the:
        1. Defendant's attorney; or
        2. Defendant at the last address known to the garnishee.
    2. No service upon the defendant shall be required by a financial institution garnishee if the defendant does not have an active account with and is not the owner of any money or other property in the possession of such financial institution.
  4. The garnishee shall provide the defendant, by regular mail at the defendant's last address known to the garnishee, with the Notice to Defendant of Right Against Garnishment of Money, Including Wages, and Other Property and the Defendant's Claim Form that it received from the plaintiff as set forth in subsection (a) of Code Section 18-4-8.

(Code 1981, §18-4-13, enacted by Ga. L. 2016, p. 8, § 1/SB 255.)


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