Georgia Code
Article 1 - General Provisions
§ 18-4-8. Required Documents and Service Thereof

History. Code 1981, § 18-4-8 , enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2018, p. 820, § 4/SB 194; Ga. L. 2020, p. 691, § 6/SB 443.
The 2018 amendment, effective May 8, 2018, substituted the present provisions of subparagraph (b)(1)(C) for the former provisions, which read: “To be sent to the defendant by regular mail at the address at which the defendant was served as shown on the return of service in the action resulting in the judgment when it shall appear by affidavit to the satisfaction of the clerk of the court that the defendant resides out of this state, has departed this state, cannot, after due diligence, be found within this state, or has concealed his or her place of residence from the plaintiff. A certificate of such mailing shall be filed with the clerk of the court in which the garnishment is pending by the person mailing such notice.”
The 2020 amendment, effective January 1, 2021, substituted “At any time after filing of an affidavit of garnishment but not” for “Not” at the beginning of paragraph (b)(1); deleted “, return receipt requested” following “delivery” at the end of subdivision (b)(1)(A)(i)(II); rewrote division (b)(1)(A)(ii), which read: “The return receipt indicating receipt by the defendant, the envelope bearing the official notification from the United States Postal Service of the defendant’s refusal to accept delivery of such registered or certified mail, the envelope bearing the official notification from a commercial firm of the defendant’s refusal to accept such statutory overnight delivery, or an official written notice from the United States Postal Service of the defendant’s refusal to accept delivery of such registered or certified mail shall be filed with the clerk of the court in which the garnishment is pending..”; in division (b)(1)(A)(iii), substituted “The defendant’s actual timely notice of the garnishment or the” for “The” and “satisfy all other requirements for service of notice in this Code section” for “be deemed notice of such defendant”; substituted “When the plaintiff, or plaintiff’s attorney, states under oath that the defendant resides out of this state, has departed this state, or after due diligence cannot be found within this state, or has concealed his or her place of residence from the plaintiff, to” for “To” in division (b)(1)(C)(i); deleted “when it shall appear by affidavit that the defendant resides out of this state; has departed this state; cannot, after due diligence, be found within this state; or has concealed his or her place of residence from the plaintiff” following “judgment” at the end of subdivision (b)(1)(C)(i)(III); and inserted “filing a certificate of” in subparagraph (b)(3)(A).

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