IN THE COURT OF COUNTY STATE OF GEORGIA ) Plaintiff: ) ) ) Name ) ) Plaintiff’s contact information: ) ) ) Name ) ) Civil Action File No. Street Address ) ) City State ZIP Code ) ) Email Address ) ) Phone Number ) ) Bar Number ) ) v. ) ) Defendant: ) Garnishment Court information: ) Name ) Street Address ) , Georgia Street Address ) City ) City State ZIP Code ) ZIP Code ) ) Phone Number Garnishee: ) ) ) Name ) ) Street Address ) ) City State ZIP Code )
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SUMMONS OF GARNISHMENT • Check this box if this is a garnishment for child support or alimony. If this is intended to be a continuing garnishment for support, use the form set forth in . O.C.G.A. § 18-4-80 TO THE ABOVE-NAMED GARNISHEE: Total amount claimed due by the Plaintiff $ Plus court costs due on this summons $ Total garnishment claim $ COURT OF JUDGMENT JUDGMENT CASE NO. to immediately hold all money, including wages, and other property, except what is known to be exempt, including property in safe-deposit boxes or similar property that you hold, belonging to the Defendant or obligations owed to the Defendant named above beginning on the day of service of this summons and including the next 29 days. You are to file your answer, in writing, not sooner than 30 days and not later than 45 days from the date you were served with this summons, with the Clerk of this Court and serve a copy of your answer upon the Plaintiff or Plaintiff’s Attorney named above and the Defendant named above, or the Defendant’s Attorney, if known, at the time of making such answer. Your answer shall state what money, including wages, or other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant you hold beginning on the day of service of this summons and including the next 29 days. Money, including wages, or other property admitted in an answer to be subject to garnishment must be sent or delivered to the Court concurrently with your answer. YOU ARE HEREBY COMMANDED FURTHER COMMANDED If, in answering this summons, you state that the property of the Defendant includes property in a safe-deposit box or similar property, you shall answer to the Court issuing this summons as to the existence of such safe-deposit box or similar property and shall restrict access to any contents of such safe-deposit box or similar property until further order of such Court regarding the disposition of such contents or 120 days from the date of filing your answer to this summons unless such time has been extended by the Court, whichever is sooner. Should you fail to file a Garnishee Answer as required by this summons, a judgment by default will be rendered against you for the amount remaining due on a judgment as shown in the Plaintiff’s Affidavit of Garnishment. , the Honorable , Judge of said Court. WITNESS This day of , 20. , Clerk of Court By: Deputy Clerk, Court”
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History. Code 1981, § 18-4-74 , enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2020, p. 691, § 27/SB 443; Ga. L. 2021, p. 922, § 18/HB 497.
The 2020 amendment, effective January 1, 2021, substituted “be sent” for “be paid” in the last sentence of the Command paragraph in the form.
The 2021 amendment, effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, substituted “Email Address” for “E-mail Address” in the form under “Plaintiff’s contact information”.
Structure Georgia Code
Title 18 - Debtor and Creditor
Chapter 4 - Garnishment Proceedings
§ 18-4-70. Required Use of Forms
§ 18-4-71. Affidavit of Garnishment
§ 18-4-72. Affidavit of Continuing Garnishment
§ 18-4-73. Affidavit of Continuing Garnishment for Support
§ 18-4-74. Summons of Garnishment
§ 18-4-75. Attachment for Summons of Garnishment
§ 18-4-76. Summons of Garnishment on Financial Institution
§ 18-4-77. Attachment for Summons of Garnishment on a Financial Institution
§ 18-4-78. Summons of Continuing Garnishment
§ 18-4-79. Attachment for Summons of Continuing Garnishment
§ 18-4-80. Summons of Continuing Garnishment for Support
§ 18-4-81. Attachment for Summons of Continuing Garnishment for Support
§ 18-4-83. Order for Hearing on Defendant’s Claim
§ 18-4-85. Financial Institution Garnishee Answer
§ 18-4-86. Garnishee Answer to Continuing Garnishment
§ 18-4-87. Plaintiff’s Traverse