Except as provided in Code Section 18-4-22, when a garnishee fails or refuses to file a garnishee answer by the forty-fifth day after service of the summons of garnishment, such garnishee shall automatically be in default. The default may be opened as a matter of right by the filing of a garnishee answer within 15 days of the day of default and payment of costs. If the case is still in default after the expiration of the period of 15 days, judgment by default may be entered at any time thereafter against such garnishee for the amount remaining due on the judgment obtained against the defendant as shown in the plaintiff’s affidavit of garnishment.
History. Code 1981, § 18-4-21 , enacted by Ga. L. 2016, p. 8, § 1/SB 255.
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For note discussing default by the garnishee, see 12 Ga. L. Rev. 814 (1978).
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