Delinquency of Defendant in Payment of Fines, Costs, or Restitution or Reparation; Costs of Garnishment

  1. Law
  2. Georgia Code
  3. Penal Institutions
  4. Probation
  5. State-Wide Probation System
  6. Delinquency of Defendant in Payment of Fines, Costs, or Restitution or Reparation; Costs of Garnishment

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  1. In the event that a defendant is delinquent in the payment of fines, costs, or restitution or reparation, as was ordered by the court as a condition of probation, the defendant's officer shall be authorized, but shall not be required, to execute a sworn affidavit wherein the amount of arrearage is set out. In addition, the affidavit shall contain a succinct statement as to what efforts DCS has made in trying to collect the delinquent amount. The affidavit shall then be submitted to the sentencing court for approval. Upon signature and approval of the court, such arrearage shall then be collectable through issuance of a writ of fieri facias by the clerk of the sentencing court; and DCS may enforce such collection through any judicial or other process or procedure which may be used by the holder of a writ of execution arising from a civil action.
  2. This Code section provides the state with remedies in addition to all other remedies provided for by law; and nothing in this Code section shall preclude the use of any other or additional remedy in any case.
  3. No clerk of any court shall be authorized to require any deposit of cost or any other filing or service fee as a condition to the filing of a garnishment action or other action or proceeding authorized under this Code section. In any such action or proceeding, however, the clerk of the court in which the action is filed shall deduct and retain all proper court costs from any funds paid into the treasury of the court, prior to any other disbursement of such funds so paid into court.

(Code 1981, §42-8-34.2, enacted by Ga. L. 1990, p. 1331, § 1; Ga. L. 1991, p. 94, § 42; Ga. L. 1991, p. 1051, § 1; Ga. L. 2015, p. 422, § 4-1/HB 310.)

The 2015 amendment, effective July 1, 2015, in subsection (a), substituted "the defendant's officer shall be authorized, but shall not be required" for "the defendant's probation officer is authorized, but not required" in the first sentence, substituted "DCS" for "the department" in the second and fourth sentences, and substituted "such arrearage" for "said arrearage" in the fourth sentence. See Editor's notes for applicability.

Editor's notes.

- Ga. L. 1990, p. 1331, § 2, not codified by the General Assembly, provides that this Code section shall apply with respect to sentences entered prior to July 1, 1990, as well as sentences entered on or after July 1, 1990.

Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: "This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date."

Law reviews.

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015).


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