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Georgia Code - Debtor and Creditor - Title 18Legal Research Home > Atlanta Lawyer > Debtor and Creditor > Georgia Code - Debtor and Creditor - Title 18 Georgia Code - Debtor and Creditor - Title 18, Section 18-2-1 Whenever one person, by contract or by law, is liable and bound to pay to another an amount of money, certain or uncertain, the relation of debtor and ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-2 As among themselves, creditors shall so prosecute their own rights as not to jeopardize unnecessarily the rights of others; hence, a creditor having a lien on two funds ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-3 Courts of equity jurisdiction shall assist creditors in reaching equitable assets in every case where to refuse interference would jeopardize the collection of their debts. ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-20 The rights of creditors shall be favored by the courts; and every remedy and facility shall be afforded them to detect, defeat, and annul any effort to defraud ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-21 Creditors may attack as fraudulent a judgment, conveyance, or any other arrangement interfering with their rights, either at law or in equity. ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-22 Reserved. ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-23 Reserved. ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-24 Where any property is conveyed, assigned, or mortgaged as security for any debt and permission is given to the debtor to exercise dominion over or to use the ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-25 If a debtor misrepresents or suppresses any material fact in the statement of his affairs either as to the amount of his property or of his indebtedness, the ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-40 A debtor may prefer one creditor over another; and to that end he may rightfully give a lien by mortgage or other legal means, sell in payment of ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-41 Any corporation, not municipal, may make an assignment for the benefit of creditors; but no such corporation shall be allowed in such assignment to prefer any creditor or ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-42 Persons and firms may make assignments and prefer creditors. ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-43 In all cases the deed of assignment for the benefit of creditors shall be executed, filed, and recorded as provided for deeds in Code Section 44-2-1. ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-44 (a) All assignments referred to in Code Section 18-2-42 shall convey all of the property of every sort which is claimed or owned by the assignor at the ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-45 Assignments referred to in Code Section 18-2-42 shall convey all books, books of account, choses in action, notes, drafts, bills, judgments, liens, and mortgages held or owned, indicating, ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-46 At the time of signing the deed of assignment provided for in Code Section 18-2-43, the person or firm making an assignment or the officer acting for the ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-47 Within 15 days after the recording of the assignment provided for in Code Section 18-2-43, the assignor shall, in connection with the assignee, prepare a full and complete ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-48 The list referred to in Code Section 18-2-47 shall remain on file for ten days in the clerk of the court´s office in the county in which the ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-49 Where an unintentional mistake or omission has been made in the description of the property, in the list of assets, in the method of preparing the list of ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-50 Within 30 days after filing the assignment, the assignee shall notify each creditor that the same has been filed. Within 30 days after the date the assignee is ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-51 No property in this state shall pass under any assignment made by corporations, persons, or firms out of this state unless such foreign assignment shall conform to the ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-52 Upon the request of any three of the creditors of the assignor, the assignee shall make and file a bond with surety, in a sum to be fixed ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-53 The assignee shall proceed to carry out the duties imposed upon him by the assignment, but he shall not pay any preferred debt until after 60 days from ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-54 The assignee shall succeed to all rights of the assignor but may attack and set aside any fraudulent conveyances or recover property conveyed by the assignor for the ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-55 No assignment shall be set aside except in a direct action filed for that purpose; and no creditor shall obtain any priority or preference of payment out of ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-56 In all actions to set aside assignments, the assignee and assignor shall be indispensable parties; and any preferred or unpreferred creditor may be made a party plaintiff or ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-57 When the assignment is attacked as fraudulent or void for any reason, it shall not be necessary to show fraud or collusion or notice thereof in the assignee ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-58 No creditor shall be required to reduce his debt to judgment before asking equitable relief in any action against the assignor or assignee, or both. ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-59 In all cases of assignments for the benefit of creditors, where the sole or surviving assignee has died or moved beyond the jurisdiction of the courts of the ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-70 This article shall be known and may be cited as the 'Uniform Fraudulent Transfers Act.' ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-71 As used in this article, the term: (1) 'Affiliate' means: (A) A person who directly or indirectly owns, controls, or holds with ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-72 (a) A debtor is insolvent if the sum of the debtor´s debts is greater than all of the debtor´s assets, at a fair valuation. (b) ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-73 (a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-74 (a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor´s claim arose before or after the transfer was made ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-75 (a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-76 For the purposes of this article: (1) A transfer is made: (A) With respect to an asset that is real property other ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-77 (a) In an action for relief against a transfer or obligation under this article, a creditor, subject to the limitations in Code Section 18-2-78, may obtain: ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-78 (a) A transfer or obligation is not voidable under paragraph (1) of subsection (a) of Code Section 18-2-74 against a person who took in good faith and for ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-79 A cause of action with respect to a fraudulent transfer or obligation under this article is extinguished unless action is brought: (1) Under paragraph (1) ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-2-80 (a) Unless displaced by the provisions of this article, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-1 Attachments may issue when the debtor: (1) Resides out of the state; (2) Moves or is about to move his domicile outside ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-2 In all cases of money demands, whether arising ex contractu or ex delicto, the plaintiff shall have the right to seek attachment when the defendant places himself in ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-3 When the debt is not due, the debtor shall be subject to attachment in the same manner and to the same extent as in cases where the debt ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-4 In all cases where the plaintiff has commenced an action for the recovery of a debt and the defendant, during the pendency of such action, shall become subject ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-5 Process of attachment may issue against an administrator of an estate or the executor of the last will and testament of any deceased person, as in other cases, ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-6 In cases of joint contractors and partners, where any one of them shall render himself liable to attachment according to law, an attachment may issue against him, upon ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-7 Attachments may issue against nonresident corporations transacting business within the state under the same rules and regulations as are prescribed in relation to issuing attachments and garnishments in ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-8 (a) In all cases where a person is surety or endorser upon an instrument of writing and the principal shall become subject to attachment according to Code Section ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-9 (a) When the plaintiff contends one or more of the grounds set forth in Code Section 18-3-1 exist, prior to obtaining judgment against the defendant, the plaintiff may ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-10 No writ of attachment shall issue unless accompanied by a bond with good security, conditioned to pay the defendant all costs and damages that he may sustain in ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-10.1 When a person who has been a defendant in attachment desires to bring an action against the plaintiff for damages, and the plaintiff in attachment does not reside ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-11 When the debt, for the recovery of which the attachment is sought, is due to a partnership or is due to several persons jointly, any one of the ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-12 No person shall be taken as security or surety on any attachment bond who is an attorney for the plaintiff or a nonresident, except such nonresident who is ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-13 When any attachment shall be issued and levied upon the property of the defendant, the defendant, his agent, or his attorney may file an affidavit stating that he ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-14 (a) The defendant shall be given notice of the attachment issued against his property by any one or more of the following methods: (1) The ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-15 When a writ of attachment is issued against the property of the defendant, the defendant may at any time traverse the plaintiff´s affidavit upon which the attachment was ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-16 Attachments may issue and be levied on Sunday when the plaintiff, his agent, or his attorney at law shall state, in his sworn application for a writ of ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-17 (a) Attachments shall be returnable to the court of record in which filed pursuant to subsection (a) of Code Section 18-3-9 and shall be governed by the rules ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-18 All pleadings, defenses, and procedures subsequent to the filing of the declaration in attachment shall be governed by Chapter 10 of Title 9. ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-19 In all cases of attachment, the form of the affidavit, bond, attachment, and order authorizing the issuance thereof may be as follows: (1) Affidavit for ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-20 A substantial compliance in all matters of form shall be held sufficient in all applications for attachment and in all attachments issued as provided by this chapter. ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-30 It shall be the duty of any one of the officers to whom an attachment is directed to levy the attachment upon real or personal property of the ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-31 In all cases it shall be the duty of the officer levying attachments to levy them in the order in which they come into his hands, and it ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-32 When the plaintiff in attachment wishes to levy his attachment upon property in a different county from that in which the same is returnable, it shall be the ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-33 (a) When an attachment has been levied upon the property of a defendant, it shall be the duty of the officer levying the attachment to deliver the property ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-34 When an attachment is levied on the property of a foreign corporation, any agent of the corporation may recover the property levied upon by giving a bond, with ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-50 (a) When property is levied on by virtue of an attachment and the same is claimed by any person not a party to the attachment, it shall be ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-51 The claimant, his agent, or his attorney at law may give bond, with good security, payable to the levying officer, in a sum equal to double the value ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-52 The third-party claim shall be tried in the same manner and subject to the same rules and regulations as are prescribed by law for the trial of other ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-53 Upon the failure of the claimant to deliver the property according to the conditions of the bond, the levying officer may immediately sue the claimant and security upon ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-54 (a) In cases where the claimant shall deliver the property and upon selling the same a sufficient amount shall not be raised to pay the debt and costs ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-55 In cases of attachment, the claim may be interposed either before or after judgment. ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-70 When the defendant has given bond and security, or when he has appeared and made defense by himself or attorney at law without raising a valid defense of ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-71 A judgment in attachment may be set aside in a court of law upon an issue suggesting fraud or want of consideration, tendered by a judgment creditor of ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-72 After the judgment has been obtained in any case of attachment, execution shall issue as in cases at common law, which execution shall be levied in the same ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-73 All money raised by the sale of defendant´s property or otherwise, by virtue of this chapter, shall be paid over to the creditors of the defendant, according to ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-74 The lien of an attachment is created by the levy and not the judgment in the attachment; and in case of a conflict between attachments, the first levied ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-3-75 As against the interests of third parties acting in good faith and without notice who may have acquired a transfer or lien binding any real estate, no attachment ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-1 The procedure in garnishment cases shall be uniform in all courts throughout this state; and, except as otherwise provided in this chapter, Chapter 11 of Title 9 shall ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-2 Discovery in a garnishment proceeding shall be made in the manner provided for in Chapter 11 of Title 9. ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-3 Unless otherwise provided in this chapter, any affidavit, bond, or pleading required or permitted by this chapter shall be amendable at any time before judgment thereon. ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-4 Where this chapter makes the performance of any function the duty of the clerk, the function shall be performed by the judge if the court in which the ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-5 (a) Any party of record to a proceeding under this chapter who may be affected materially thereby may challenge the sufficiency of any bond required or permitted by ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-6 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) ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-7 No employer may discharge any employee by reason of the fact that his earnings have been subjected to garnishment for any one indebtedness, even though more than one ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-20 (a) As used in this Code section, the term: (1) 'Disposable earnings' means that part of the earnings of an individual remaining after the deduction ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-21 (a) Money due officials or employees of a municipal corporation or county of this state or of the state government, or any department or institution thereof, as salary ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-22 (a) Funds or benefits from a pension or retirement program as defined in 29 U.S.C. Section 1002(2)(A) or funds or benefits from an individual retirement account as defined ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-23 Service of a summons of garnishment shall be made by serving the agent in charge of the office or other place of business where the defendant is employed. ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-40 In cases where an action is pending against the defendant, garnishment may issue prior to judgment only in the following cases: (1) When the defendant ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-41 When the plaintiff contends one or more of the grounds set forth in Code Section 18-4-40 exist, the plaintiff may, prior to obtaining judgment against the defendant, make ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-42 After considering plaintiff´s application, if the judge to whom same is made finds that the facts alleged show the existence of one or more of the grounds set ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-43 No summons of garnishment prior to judgment shall issue unless accompanied by a bond with good security, conditioned to pay the defendant all costs and damages that he ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-44 Upon the entry of an order authorizing the issuance of garnishment prior to judgment, summons of garnishment shall issue and be served as provided in Code Section 18-4-62. ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-45 When summons of garnishment shall issue before judgment against the defendant, the defendant may at any time traverse the plaintiff´s affidavit upon which the garnishment was obtained, stating ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-46 Any other provisions of this chapter to the contrary notwithstanding, no part of the personal earnings of the defendant shall be subject to garnishment prior to judgment, whether ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-47 When funds or other property are paid into court or subject to garnishment under this article, the funds or other property shall be held by the clerk of ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-48 After final judgment is entered in an action in which a summons of garnishment was issued prior to judgment, the garnishment proceedings shall continue in accordance with Article ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-60 In all cases where a money judgment shall have been obtained in a court of this state or in a federal court sitting in this state, the plaintiff ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-61 The plaintiff, the plaintiff´s attorney at law, or the plaintiff´s agent shall make, on personal knowledge, an affidavit setting forth that the plaintiff has a judgment against a ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-62 (a) The summons of garnishment shall be directed to the garnishee, commanding him to file an answer stating what money or other property is subject to garnishment. Except ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-63 (a) Summons of garnishment may issue from time to time on the same affidavit until the judgment is paid or the garnishment proceeding is otherwise terminated in accordance ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-64 (a) In a garnishment based on a judgment, the defendant shall be given notice of the filing of the first summons of garnishment on an affidavit for garnishment ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-65 (a) When garnishment proceedings are based upon a judgment, the defendant, by traverse of the plaintiff´s affidavit, may challenge the existence of the judgment or the amount claimed ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-66 For the purpose of Articles 1 through 5 of this chapter, the following forms are declared to be sufficient for garnishment after judgment, provided that nothing in this ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-80 A release of summons of garnishment shall relieve the garnishee from any obligation to file an answer to any summons of garnishment pending on the date of the ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-81 When the defendant files his traverse, the garnishee is not relieved of filing an answer, nor is the garnishee relieved of delivering the money or other property of ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-82 Within the time prescribed by Code Section 18-4-62, the garnishee shall file his answer describing what money or other property is subject to garnishment under Code Section 18-4-20. ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-83 All answers by the garnishee shall, concurrently with filing, be served upon the plaintiff or his attorney. Service may be shown by the written acknowledgment of the plaintiff ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-84 Along with the answer, the garnishee shall deliver to the court the money or other property admitted in the answer to be subject to garnishment. If in answering ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-85 If the garnishee serves his answer on the plaintiff as provided for in Code Section 18-4-83, the plaintiff or claimant must traverse the answer within 15 days after ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-86 The traverse of the garnishee´s answer shall be a statement by the plaintiff or his attorney, or by a claimant or his attorney, that the garnishee´s answer is ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-87 A traverse shall be served in the same manner as is provided for in subsection (b) of Code Section 9-11-5 for the service of subsequent pleadings. ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-88 After the garnishee´s answer is filed, the defendant´s traverse shall be tried first, the plaintiff´s traverse shall be tried second, and claims shall be tried last; provided, however, ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-89 If no traverse or claim has been filed within 15 days after the garnishee´s answer is filed: (1) If money is delivered to the court ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-90 In case the garnishee fails or refuses to file an answer by the forty-fifth day after service of the summons, the garnishee shall automatically be in default. The ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-91 When a judgment is rendered against a garnishee under Code Section 18-4-90, on a motion filed not later than 60 days from the date the garnishee receives actual ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-92 On the trial of the plaintiff´s traverse, if the court finds the garnishee has failed to answer properly the summons of garnishment, the court shall disallow any expenses ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-92.1 (a) A garnishee may be relieved from liability for failure to answer properly the summons of garnishment if the plaintiff failed to provide the information required by subsection ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-93 A garnishment proceeding is an action between the plaintiff and the garnishee; but, at any time before a judgment is entered on the garnishee´s answer or before money ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-94 (a) Where the defendant prevails upon the trial of the issues made by his traverse, the garnishment case shall be dismissed by the court; and any money or ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-95 At any time before judgment is entered on the garnishee´s answer or money or other property subject to garnishment is distributed, any person may file a claim in ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-96 Where money or other property in court is subject to the claims of more than one garnishment case, any interested party to any one of the garnishment cases ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-97 (a) The garnishee shall be entitled to his actual reasonable expenses, including attorney´s fees, in making a true answer of garnishment. The amount so incurred shall be taxed ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-110 In addition to garnishment proceedings otherwise available under this chapter, in cases where a money judgment shall have been obtained in a court of this state or a ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-111 (a) All debts owed by the garnishee to the defendant at the time of service of summons of continuing garnishment upon the garnishee and all debts accruing from ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-112 (a) In addition to the information required by Code Section 18-4-61, an affidavit for continuing garnishment shall state that the plaintiff believes that the garnishee is or may ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-113 (a) The summons of continuing garnishment shall be directed to the garnishee, who shall be required: (1) To file a first answer no later than ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-114 If the garnishee serves his answer on the plaintiff as provided in Code Section 18-4-83, the plaintiff must traverse the answer within 15 days after it is served ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-115 (a) If the garnishee fails or refuses to file an answer at least once every 45 days, the garnishee shall automatically become in default. The default may be ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-116 (a) In a continuing garnishment proceeding, upon the filing of a traverse by defendant pursuant to Code Section 18-4-93, no further summons of garnishment may issue nor may ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-117 Notwithstanding the requirements of Code Section 18-4-113, if the employment relationship between the garnishee and the defendant does not exist at the time of the service of summons ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-118 For purposes of this article, the following forms are declared to be sufficient, along with those provided in Code Section 18-4-66, for continuing garnishment, provided that nothing in ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-130 In addition to garnishment proceedings otherwise available in this chapter, a writ of garnishment shall issue for the continuing withholding of earnings for the enforcement of a judgment ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-131 As used in this article, the term: (1) 'Accruing on a daily basis' means the amount of support computed by conversion of the periodic amount ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-132 (a) The contents of the affidavit for continuing garnishment for support shall be substantially identical to those set forth in Code Section 18-4-112, but in addition thereto, the ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-133 (a) The summons of continuing garnishment for support shall be directed to the garnishee who shall be required to file a first answer no later than 45 days ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-134 (a) If the amount claimed as original arrearage as of the date of the making of the plaintiff´s affidavit is not satisfied by the money payable into court ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-4-135 The writ of garnishment described in this article shall attach for so long as the defendant is employed by the garnishee and shall not terminate until the original ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-5-1 As used in this chapter, the term: (1) 'Debt adjusting' means doing business in debt adjustments, budget counseling, debt management, or debt pooling service or ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-5-2 In the course of engaging in debt adjusting, it shall be unlawful for any person to accept from a debtor who resides in this state, either directly or ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-5-3 Nothing in this chapter shall apply to those situations involving debt adjusting incurred in the practice of law in this state. Nothing in this chapter shall apply to ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-5-3.1 (a) Any person engaged in debt adjusting for debtors residing in this state shall meet the following annual requirements: (1) Obtain from an independent third ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-5-3.2 (a) Any person engaged in debt adjusting shall disburse to the appropriate creditors all funds received from a debtor, less any fees authorized by this chapter, within 30 ...
Georgia Code - Debtor and Creditor - Title 18, Section 18-5-4 (a) Any person who engages in debt adjusting in violation of this chapter shall be guilty of a misdemeanor. (b) Without limiting the applicability of ...
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Last modified: May 2, 2006 |