(For Effective Date, See note.) Filing and Contents of Summons of Continuing Garnishment; Filing of Subsequent Answers

  1. Law
  2. Georgia Code
  3. Debtor and Creditor
  4. Garnishment Proceedings
  5. Continuing Garnishment Proceedings
  6. (For Effective Date, See note.) Filing and Contents of Summons of Continuing Garnishment; Filing of Subsequent Answers

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  1. As used in this Code section, the term "previous garnishee answer date" means the date upon which the immediately preceding garnishee answer was filed.
  2. If the garnishee owes the defendant any sum for wages earned as the garnishee's employee or any sum for goods or services periodically provided to the garnishee, the garnishee answer shall state specifically when the sum was earned by the defendant, whether the sum was earned on a daily, weekly, or monthly basis, any rate of pay and hours worked, and the basis for computation of earnings.
  3. The summons of continuing garnishment shall be directed to the garnishee, commanding and obligating the garnishee:
    1. To file a first garnishee answer with the court issuing such summons not sooner than 30 days and not later than 45 days after service of the summons of continuing garnishment, for the period of time from the date of service through and including the day of the first garnishee answer;
    2. To file subsequent garnishee answers with such court for the remaining period covered by the summons of continuing garnishment; and
    3. To send any money subject to continuing garnishment concurrently with each garnishee answer.
  4. Subsequent garnishee answers shall be filed not later than 45 days after the previous garnishee answer date stating what money of the defendant is subject to continuing garnishment from the previous garnishee answer date through and including the date on which the next garnishee answer is filed.
  5. The summons of continuing garnishment shall state that if the garnishee fails to file a garnishee's answer to such summons in a timely manner, a judgment by default shall be entered against the garnishee for the amount remaining due on a judgment as shown in the plaintiff's affidavit of continuing garnishment.
    1. If the employment relationship or obligation for periodic payment between the garnishee and the defendant does not exist at the time of service of the summons of continuing garnishment, the garnishee shall state in the garnishee answer that such relationship does not exist and may immediately file the garnishee's answer; provided, however, that such garnishee's answer shall be filed not later than 45 days after service of the summons of continuing garnishment.
    2. If the employment relationship or obligation for periodic payment between the garnishee and the defendant terminates on or after service of the summons of continuing garnishment, the garnishee shall state in the garnishee answer that such relationship has been terminated, giving the date of termination, and may immediately file the garnishee's answer; provided, however, that such garnishee's answer shall be filed not later than 45 days after service of the summons of continuing garnishment or 45 days after the previous garnishee answer date, whichever is later.
    3. If, on or after service of the summons of continuing garnishment, the most recent two preceding garnishee answers filed at least 30 days apart advise that no payments are owed the defendant, the garnishee may elect to file a final garnishee answer, identified as such; provided, however, that such garnishee's answer shall be filed not later than 45 days after service of the summons of continuing garnishment or 45 days after the previous garnishee answer date, whichever is later.
  7. When a garnishee answer is made pursuant to subsection (f) of this Code section, no claim has been filed, and no traverse has been filed within 20 days after such garnishee answer is served on the plaintiff, the garnishee shall be discharged from further liability and obligation in the same manner as set forth under Code Section 18-4-20 for that summons with respect to the period of continuing garnishment remaining after the employment or periodic payment relationship is terminated, or a final garnishee answer is filed.
  8. The form for a garnishee's answer to a continuing garnishment is set forth in Code Section 18-4-86.

(Code 1981, §18-4-42, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2020,p. 691, § 21/SB 443.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 6 Am. Jur. 2d, Attachment and Garnishment, § 339 et seq.

C.J.S.

- 38 C.J.S., Garnishment, § 173 et seq.


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