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 this Code section shall be construed to require the use of particular forms in any proceeding under this article: (1) Affidavit of continuing garnishment.
IN THE COURT OF COUNTY
STATE OF GEORGIA
) Plaintiff ) ) v. ) Civil action ) File no. ) Defendant ) ) ) Garnishee ) ) ) Address )
AFFIDAVIT OF CONTINUING GARNISHMENT
Personally appeared the undersigned affiant who on oath says that he is the above plaintiff, his agent, or his attorney at law and that the above defendant is indebted to said plaintiff on a judgment described as follows: is the case number in the Court of County which rendered the judgment against the defendant, $ being the balance thereon. Affiant further states that affiant believes that garnishee is or may be an employer of the defendant and subject to continuing garnishment.
Affiant
Sworn to and subscribed before me this day of , .
Plaintiff's attorney (2) Summons of continuing garnishment.
IN THE COURT OF COUNTY
STATE OF GEORGIA
) Plaintiff ) ) v. ) Civil action ) File no. ) Defendant ) Last four digits of ) social security number ) ) Garnishee ) ) ) Address )
SUMMONS OF CONTINUING GARNISHMENT
To: Garnishee Amount claimed due by plaintiff $ (To be completed by plaintiff) Plus court costs due on this summons $
(To be completed by clerk) YOU ARE HEREBY COMMANDED to hold immediately all property, money, wages, except what is exempt, belonging to the defendant, or debts owed to the defendant named above at the time of service of this summons and between the time of service of this summons to and including the one hundred seventy-ninth day thereafter. Not later than 45 days after you are served with this summons, you are commanded to file your garnishee answer in writing with the clerk of this court and serve a copy upon the plaintiff or his attorney named below. This garnishee answer shall state what property, money, and wages, except what is exempt, belonging to the defendant, or debts owed to the defendant, you hold or owe at the time of service of this summons and between the time of such service and the time of making your first garnishee answer. Thereafter, you are required to file further garnishee answers no later than 45 days after your last garnishee answer. Every further garnishee answer shall state what property, money, and wages, except what is exempt, belonging to the defendant, or debts owed to the defendant, you hold or owe at and from the time of the last garnishee answer to the time of the current garnishee answer. The last garnishee answer required by this summons shall be filed no later than the one hundred ninety-fifth day after you receive this summons. Money or other property admitted in a garnishee answer to be subject to continuing garnishment shall be delivered to the court with your garnishee answers. Should you fail to file garnishee answers as required by this summons, a judgment will be rendered against you for the amount the plaintiff claims due by the defendant. Witness the Honorable , Judge of said Court. This day of , .
Clerk, Court of County
Plaintiff's attorney
Address Service perfected on garnishee, this day of , .
Deputy marshal, sheriff, or constable (3) Garnishee answer of continuing garnishment.
IN THE COURT OF COUNTY
STATE OF GEORGIA
) Plaintiff ) ) v. ) Civil action ) File no. ) Defendant ) ) ) Garnishee ) ) Address )
GARNISHEE ANSWER OF CONTINUING GARNISHMENT
1.
From the time of service of this summons of continuing garnishment, if this is the first garnishee answer to such summons, otherwise from the time of the last garnishee answer to this summons of continuing garnishment, until the time of this garnishee answer, garnishee had in garnishee's possession the following described property of the defendant:
2.
From the time of service of this summons of continuing garnishment, if this is the first garnishee answer to such summons, otherwise from the time of the last garnishee answer to this summons of continuing garnishment, until the time of this garnishee answer, all debts accruing from garnishee to the defendant are in the amount of $ .
3.
$ of the amount named in paragraph 2 was wages earned at the rate of $ per for the period beginning (date) , , through the time of making this garnishee answer. The amount of wages which is subject to this garnishment is computed as follows: $ Gross earnings $ Total social security and withholding tax $ Total disposable earnings $ Amount of wages subject to continuing garnishment
4.
( ) If checked, defendant is not presently employed by this garnishee and, if employed by garnishee on or after service of this summons of continuing garnishment, was most recently terminated as of the day of , .
5.
( ) If checked, this is the last garnishee answer this garnishee is required to file to the presently pending summons of continuing garnishment in the above-styled case.
6.
Garnishee further states: .
Garnishee, garnishee's attorney, or officer or employee of an entity garnishee
(CERTIFICATE OF SERVICE)
Section: Previous 18-4-110 18-4-111 18-4-112 18-4-113 18-4-114 18-4-115 18-4-116 18-4-117 18-4-118Last modified: October 14, 2016