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 Code section shall be construed to require the use of particular forms in any proceeding under this article: (1) Garnishment affidavit.
IN THE COURT OF COUNTY
STATE OF GEORGIA
) Plaintiff ) ) v. ) Civil action ) File no. ) Defendant ) ) ) Garnishee ) ) ) Address )
GARNISHMENT AFFIDAVIT
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 Sworn to and subscribed before me this day of , .
Plaintiff's attorney (2) Summons of 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 GARNISHMENT
To: Garnishee Amount claimed due by plaintiff $ (To be completed by plaintiff) Plus court costs due on the summons $ (To be completed by the 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 and the time of making your garnishee answer. Not sooner than 30 days but 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 the plaintiff's attorney named below. Money or other property subject to this summons should be delivered to the court with your garnishee answer. Should you fail to file a garnishee answer to 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) Defendant's traverse and order thereon.
IN THE COURT OF COUNTY
STATE OF GEORGIA
) Plaintiff ) ) v. ) Civil action ) File no. ) Defendant ) ) ) Garnishee )
TRAVERSE OF DEFENDANT
Now comes the defendant in the above-styled case and traverses the plaintiff's affidavit by saying the same is untrue or legally insufficient.
Defendant or his attorney at law
ORDER
It is hereby ordered that a hearing be held upon the defendant's traverse before this court on the day of , , at : .M., and that a copy of the defendant's traverse and this order be served as provided by law. This day of , .
Judge, Court of County
(CERTIFICATE OF SERVICE)
(4) Answer of garnishee.
IN THE COURT OF COUNTY
STATE OF GEORGIA
) Plaintiff ) ) v. ) Civil action ) File no. ) Defendant ) ) ) Garnishee )
ANSWER OF GARNISHEE
1.
At the time of service or from the time of service to the time of this garnishee answer, garnishee had in its possession the following described property of the defendant:
2.
At the time of service or from the time of service to the time of this garnishee answer, all debt accruing from garnishee to defendant is 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 garnishment
4.
Garnishee further states: .
Garnishee, garnishee's attorney, or officer or employee of an entity garnishee
(CERTIFICATE OF SERVICE)
(5) Plaintiff's traverse.
IN THE COURT OF COUNTY
STATE OF GEORGIA
) Plaintiff ) ) v. ) Civil action ) File no. ) Defendant ) ) ) Garnishee )
TRAVERSE OF PLAINTIFF
Now comes the plaintiff in the above-styled case and traverses the garnishee's answer by saying the same is untrue or legally insufficient.
Plaintiff or his attorney at law
(CERTIFICATE OF SERVICE)
(6) Release of garnishment.
IN THE COURT OF COUNTY
STATE OF GEORGIA
) Plaintiff ) ) v. ) Civil action ) File no. ) Defendant ) ) ) Garnishee ) ) ) Address )
RELEASE OF GARNISHMENT
To: Garnishee This is to notify you that you have been released from filing a garnishee answer to any and all summons of garnishment pending as of this date in the above-styled case. This release authorizes you to deliver to the defendant in garnishment any money or other property in your possession belonging to the defendant. This release does not terminate the garnishment proceedings, nor does this release relieve you of any obligation placed on you by the service of a summons of garnishment subsequent to this date. This day of , .
Clerk,
Court of County (7) Attachment to summons of garnishment upon a financial institution.
IN THE COURT OF COUNTY
STATE OF GEORGIA
) Plaintiff ) ) v. ) Civil action ) File no. ) Defendant ) ) ) Other known names ) of Defendant ) ) Current and past ) addresses of Defendant ) ) Last four digits of ) social security number ) or federal tax ) identification number ) of Defendant ) ) ) Last four digits of ) account or identification) numbers of Defendant ) used by Garnishee ) ) ) Other allegations ) ) ) Garnishee )
Section: Previous 18-4-60 18-4-61 18-4-62 18-4-63 18-4-64 18-4-65 18-4-66Last modified: October 14, 2016