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 obtained, stating that the affidavit is untrue or legally insufficient. Upon filing of the traverse, the court shall issue a show cause order to the plaintiff requiring him to appear at a specified time, which shall not be more than ten days from the filing of the traverse, to prove the grounds for the issuance of the attachment. If the plaintiff shall fail to carry the burden of proof, the order authorizing the attachment shall be revoked.
History. Code 1933, § 8-114.1, enacted by Ga. L. 1980, p. 1065, § 5.
Structure Georgia Code
Title 18 - Debtor and Creditor
Chapter 3 - Attachment Proceedings
Article 1 - General Provisions
§ 18-3-1. Grounds for Attachment
§ 18-3-2. Right to Seek Attachment on Money Demands Generally
§ 18-3-4. Attachment After Action Commenced; Effect of Judgment on Pending Action
§ 18-3-5. Attachment Against Administrator or Executor; Entry of Final Judgment
§ 18-3-6. Attachment Against Joint Contractors or Partners
§ 18-3-7. Attachment Against Nonresident Corporations
§ 18-3-8. Right of Surety or Endorser Upon an Instrument of Writing to Attach Property of Principal
§ 18-3-10. Bond Requirements Generally
§ 18-3-10.1. Service of Process in Action Against Nonresident Plaintiff for Damages
§ 18-3-12. Persons Who May Be Taken as Security or Surety on a Bond
§ 18-3-15. Right of Defendant to Postseizure Hearing
§ 18-3-16. Issuance and Levy of Attachment on Sunday
§ 18-3-18. Applicability of Chapter 10 of Title 9 Subsequent to Filing of Declaration in Attachment
§ 18-3-19. Forms for Attachment
§ 18-3-20. Substantial Compliance in Matters of Form Sufficient