Release of Summons of Garnishment; Release of Garnishment

  1. Law
  2. Georgia Code
  3. Debtor and Creditor
  4. Garnishment Proceedings
  5. General Provisions
  6. Release of Summons of Garnishment; Release of Garnishment

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  1. A release of a summons of garnishment:
    1. Shall relieve the garnishee from any obligation to file a garnishee answer to any summons of garnishment pending on the date of the release and shall authorize the garnishee to pay or deliver to the defendant any money or other property in the garnishee's possession belonging to the defendant; and
    2. Shall not operate as a dismissal of the garnishment proceeding.
  2. It shall be the duty of the clerk of the court in which garnishment proceedings are pending to issue a release of garnishment if:
    1. The plaintiff or the plaintiff's attorney requests a release in writing;
    2. The amount shown to be due on the plaintiff's affidavit of garnishment together with the costs of the garnishment proceeding are paid into court;
    3. A judge enters an order, after a hearing required by this chapter, directing that the garnishment be released; or
    4. The garnishment is dismissed.
  3. The form for a release of garnishment is set forth in Code Section 18-4-89.

(Code 1981, §18-4-25, enacted by Ga. L. 2016, p. 8, § 1/SB 255.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 6 Am. Jur. 2d, Attachment and Garnishment, § 400 et seq.

2C Am. Jur. Pleading and Practice Forms, Attachment and Garnishment, §§ 267, 452.


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