One Click Case Law for § 18-4-118
O.C.G.A. § 18-4-117 <-- --> O.C.G.A. §18-4-130

2010 Georgia Code

TITLE 18 - DEBTOR AND CREDITOR

CHAPTER 4 - GARNISHMENT PROCEEDINGS
ARTICLE 6 - CONTINUING GARNISHMENT PROCEEDINGS
§ 18-4-118 - Forms for continuing garnishment

O.C.G.A. 18-4-118 (2010)
18-4-118. Forms for continuing garnishment


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 )
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 answer in writing with
the clerk of this court and serve a copy upon the plaintiff or his attorney
named below. This 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 answer.
Thereafter, you are required to file further answers no later than 45 days
after your last answer. Every further 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 answer to the time of the current answer. The last 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 an
answer to be subject to continuing garnishment must be delivered to the
court with your answers. Should you fail to file 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) Answer of continuing garnishment.


IN THE COURT OF COUNTY


STATE OF GEORGIA

)
Plaintiff )
)
v. ) Civil action
) File no.
)
Defendant )
)
)
Garnishee )
)
Address )


ANSWER OF CONTINUING GARNISHMENT


1.

From the time of service of this summons of continuing garnishment, if
this is the first answer to such summons, otherwise from the time of the
last answer to this summons of continuing garnishment, until the time of
this answer, garnishee had in his 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 answer to such summons, otherwise from the time of the
last answer to this summons of continuing garnishment, until the time of
this 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 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 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 or his
attorney at law


(CERTIFICATE OF SERVICE)