History. Code 1981, § 18-4-24 , enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2020, p. 691, § 18/SB 443.
The 2020 amendment, effective January 1, 2021, rewrote subsection (a), which read: “When a default judgment is rendered against a garnishee under Code Section 18-4-21, 18-4-22, or 18-4-43, the plaintiff shall serve the garnishee, as provided in Code Section 9-11-4, or, when the garnishment is filed in a magistrate court, the plaintiff may serve the garnishee by using the constable of the magistrate court in the manner set forth in Code Section 9-11-4, with a copy of such default judgment. On a motion filed not later than 90 days from the date the garnishee was served with such default judgment, the garnishee may, upon payment of all accrued costs of court, have such default judgment modified so that the amount of such default judgment shall be reduced to an amount equal to the greater of $50.00 or $50.00 plus 100 percent of the amount by which the garnishee was indebted to the defendant from the time of service of the summons of garnishment through and including the last day on which a timely garnishee answer could have been made for all money or other property belonging to the defendant which came into the garnishee’s hands from the time of service of the summons through and including the last day on which a timely answer could have been made and less any exemption allowed the defendant.”
Law reviews.
For note discussing default by the garnishee, see 12 Ga. L. Rev. 814 (1978).
For note reviewing Georgia’s garnishment procedures, see 17 Ga. St. B.J. 140 (1981).
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