Default Judgment Against Garnishee in Continuing Garnishment; Relief From Default

  1. Law
  2. Georgia Code
  3. Debtor and Creditor
  4. Garnishment Proceedings
  5. Continuing Garnishment Proceedings
  6. Default Judgment Against Garnishee in Continuing Garnishment; Relief From Default

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  1. When a garnishee fails or refuses to file a garnishee answer at least once every 45 days, such garnishee shall automatically be in default. The default may be opened as provided in Code Section 18-4-21. If the case is still in default after the expiration of the period of 15 days, judgment by default may be entered at any time thereafter against such garnishee for the amount remaining due on the judgment obtained against the defendant as shown in the plaintiff's affidavit of continuing garnishment.
  2. A garnishee may obtain relief from a default judgment upon the same conditions as provided in Code Section 18-4-24.

(Code 1981, §18-4-43, enacted by Ga. L. 2016, p. 8, § 1/SB 255.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 6 Am. Jur. 2d, Attachment and Garnishment, § 386.

C.J.S.

- 38 C.J.S., Garnishment, § 416 et seq.

ARTICLE 3 CONTINUING GARNISHMENT FOR CHILD SUPPORT OR SPOUSAL SUPPORT

Cross references.

- Entry of continuing garnishment provision in support orders, § 19-6-30. Enforcement of duty of support generally, T. 19, C. 11.


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