(For Effective Date, See note.) Order of Trial; Introduction of Evidence; Expenses

  1. Law
  2. Georgia Code
  3. Debtor and Creditor
  4. Garnishment Proceedings
  5. General Provisions
  6. (For Effective Date, See note.) Order of Trial; Introduction of Evidence; Expenses

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  1. After the garnishee's answer is filed, the defendant's claim shall be tried first, the plaintiff's traverse shall be tried second, and third-party claims shall be tried last; provided, however, that the court shall retain the money or other property subject to garnishment until the completion of the trial of all claims and traverses which are filed under this chapter. The court may consolidate or bifurcate such actions for trial in the court's discretion.
  2. If a claim or traverse has been filed, all parties of record may introduce evidence to establish their respective interests in the money or other property in court, and the court shall direct that such money or other property be distributed in accordance with the laws governing the relative priority of claims, judgments, and liens.
  3. (For effective date, see note.) When the defendant, garnishee, or third-party claimant prevails upon the trial of his or her claim:
    1. That the plaintiff does not have a judgment against the defendant or that the plaintiff's affidavit of garnishment is untrue or is legally insufficient, the garnishment case shall be dismissed by the court, and any money or other property belonging to the defendant in the possession of the court shall be restored to the defendant unless another claim or traverse thereto has been filed;
    2. That the amount shown to be due on the plaintiff's affidavit of garnishment is incorrect, the court shall allow the summons of garnishment to be amended to the amount proven to be owed, and if such amount is less than the amount shown to be due by the plaintiff, any money or other property belonging to the defendant in the possession of the court in excess of the amount due shall be restored to the defendant unless another claim or traverse thereto has been filed;
    3. That the money or other property belonging to the defendant in the possession of the court is exempt from garnishment, such exempt money or other property shall be restored directly to the defendant. The court shall order such restoration within 48 hours; and
    4. Based on any legal or statutory defense or that money or other property in the possession of the court may be subject to a claim held by a third party that is superior to the judgment described in the affidavit of garnishment, the court shall determine the disposition of the money or other property belonging to the defendant in the possession of the court.
  4. (For effective date, see note.) On the trial of the plaintiff's traverse, if the court finds:
    1. The garnishee has failed to respond properly to the summons of garnishment, the court shall disallow any expenses demanded by the garnishee and shall enter a judgment for any money or other property the court finds subject to garnishment which the garnishee has failed to pay or deliver to the court or to the plaintiff; provided, however, that the total amount of such judgment shall not exceed the amount shown to be due by the plaintiff, together with the costs of the garnishment proceeding; or
    2. The plaintiff's traverse lacked reasonable justification, the court shall award the garnishee a judgment against the plaintiff for its attorney's fees incurred in connection with the traverse.
  5. A defendant shall not be allowed to present evidence, make an argument, or prevail on a claim that money or other property in a garnishment may be subject to a claim by a third party. When a claim of exemption or defense to a garnishment proceeding belongs to a defendant, a third-party claimant shall not be allowed to present evidence, make an argument, or prevail on any such claim.

(Code 1981, §18-4-19, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2018, p. 820, § 6/SB 194; Ga. L. 2020,p. 691, § 15/SB 443.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 6 Am. Jur. 2d, Attachment and Garnishment, §§ 379, 380.

C.J.S.

- 38 C.J.S., Garnishment, § 313 et seq.

ALR.

- Constitutionality, construction, and application of statutory provisions for recovery of damages by defendant in attachment or garnishment, 125 A.L.R. 1219.


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