When money or other property in court is subject to a third-party claim or to more than one garnishment case, the party with the oldest entered judgment shall have priority to such money or other property and any interested party to any one of the garnishment cases may make a motion to the court where such money or other property has been deposited for the distribution of such money or other property. Each party of interest in each case and the clerk of court shall be served with a copy of the motion. Upon hearing the motion, the court shall enter an order directing that the clerk be paid the court cost of each garnishment proceeding first, and all remaining money or other property shall be distributed in accordance with the laws governing the relative priority of claims, judgments, and liens.
History. Code 1981, § 18-4-18 , enacted by Ga. L. 2016, p. 8, § 1/SB 255.
Structure Georgia Code
Title 18 - Debtor and Creditor
Chapter 4 - Garnishment Proceedings
Article 1 - General Provisions
§ 18-4-3. Affidavit and Requirements; Summons of Garnishment
§ 18-4-4. Process of Garnishment; Period of Garnishment
§ 18-4-6. Exemption From Garnishment
§ 18-4-8. Required Documents and Service Thereof
§ 18-4-9. Periodic Summonses; Original Filing Date Limiting Extension
§ 18-4-10. Responses by Garnishee; Judgment by Default
§ 18-4-12. Entity as Garnishee
§ 18-4-13. Service of Garnishee’s Answer
§ 18-4-14. Recovery of Reasonable Expenses; Recovery of Actual Expenses; Refunds
§ 18-4-15. Parties to Garnishment; Basis for Exemption; Form; Challenge to Garnishment
§ 18-4-16. Plaintiff Filing Traverse
§ 18-4-17. Third-Party Claimants
§ 18-4-18. Priority of Conflicting Claims to Money or Property
§ 18-4-19. Order of Trial; Introduction of Evidence; Expenses
§ 18-4-20. Failure to File Claim or Traverse in Timely Manner
§ 18-4-21. Failure of Garnishee to File Answer; Default
§ 18-4-22. Financial Institution as Garnishee; Failure to Answer
§ 18-4-23. Grounds for Relief From Liability
§ 18-4-24. Modification of Default Judgments; Burden of Proof
§ 18-4-25. Release of Summons of Garnishment; Release of Garnishment
§ 18-4-26. Local Government Organization and Employees Subject to Garnishment; Procedure