History. Code 1981, § 18-4-3 , enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2018, p. 820, § 1/SB 194; Ga. L. 2020, p. 691, § 3/SB 443.
The 2018 amendment, effective May 8, 2018, substituted the present provisions of subsection (b) for the former provisions, which read: “Upon the filing of the affidavit described in subsection (a) of this Code section with the clerk of any court having jurisdiction to preside over garnishment proceedings, such clerk shall cause a summons of garnishment to issue, provided that the plaintiff’s affidavit is:
“(1) Made before any officer authorized to administer oaths, a notary public, such clerk, or the deputy clerk of the court in which the garnishment is filed; and
“(2) Submitted to and approved by any judge of the court in which the garnishment is filed or submitted to and approved by any clerk or deputy clerk of such court if the court has promulgated rules authorizing the clerk or deputy clerk of such court to review and approve affidavits of garnishment.”
The 2020 amendment, effective January 1, 2021, added subsection (e).
Law reviews.
For article discussing due process problems with Georgia’s post-judgment garnishment procedures, in light of City Fin. Co. v.Winston, 238 Ga. 10 , 231 S.E.2d 45 (1976), see 13 Ga. St. B.J. 144 (1977).
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