Ga. Code § 18-4-76

Current through 2023-2024 Legislative Session Chapter 709
Section 18-4-76 - Summons of garnishment on financial institution

"IN THE __________________ COURT OF __________________ COUNTY

STATE OF GEORGIA

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Plaintiff:

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__________________

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Name

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Plaintiff's contact information:

)

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__________________

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Name

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__________________

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Civil Action File No.

Street Address

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__________________

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__________________

City State ZIP Code

)

__________________

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Email Address

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__________________

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Phone Number

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__________________

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Bar Number

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v.

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Defendant:

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Garnishment Court information:

__________________

)

__________________

Name

)

Street Address

__________________

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__________________, Georgia

Street Address

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City

__________________

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__________________

City State ZIP Code

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ZIP Code

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__________________

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Phone Number

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Garnishee:

)

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__________________

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Name

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__________________

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Street Address

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__________________

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City State ZIP Code

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SUMMONS OF GARNISHMENT ON A FINANCIAL INSTITUTION

DO NOT USE THIS FORM IF THIS IS A CONTINUING GARNISHMENT

(SEE O.C.G.A. §§ 18-4-72 and 18-4-78)

OR CONTINUING GARNISHMENT FOR CHILD SUPPORT OR ALIMONY

(SEE O.C.G.A. §§ 18-4-73 and 18-4-80).

[] Check this box if other allegations are made against a nonjudgment Defendant pursuant to O.C.G.A. § 18-4-23.

[] Check this box if this is a garnishment for child support or alimony.

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. __________________

YOU ARE HEREBY COMMANDED 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 named above beginning on the day of service of this summons and including the next five days. You are FURTHER COMMANDED to file your answer, in writing, not sooner than five days and not later than 15 days after 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 you hold beginning on the day of service of this summons and including the next five 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.

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 the judgment as shown in the Plaintiff's Affidavit of Garnishment.

WITNESS, the Honorable __________________, Judge of said Court.

This __________________ day of __________________, 20__________________.

__________________, Clerk of Court

By: __________________

Deputy Clerk, __________________ Court"

OCGA § 18-4-76

Amended by 2021 Ga. Laws 307,§ 18, eff. 5/10/2021.
Amended by 2020 Ga. Laws 574,§ 28, eff. 1/1/2021.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.