§ 18-4-3 — Affidavit and requirements; summons of garnishment

Georgia § 18-4-3

• Jurisdiction: Georgia
• Title: 18

Text

(a) The plaintiff, the plaintiff's attorney, or the plaintiff's agent shall make, on personal knowledge or belief, an affidavit setting forth that the plaintiff has a judgment against a named defendant, the amount remaining due on the judgment, the name of the court which rendered the judgment, and the case number thereof. (b) 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 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. (c) An affidavit of garnishment may be electronically submitted to the clerk or deputy clerk of the court if the court has promulgated rules authorizing such submission. (d) The form for an affidavit of garnishment is set forth in Code Section 18-4-71 . (e) The amount remaining due on a judgment may include, at the election of the plaintiff, any and all unrecovered filing and service fees paid to a court of this state, or to any sheriff, marshal, constable, or other such person authorized by law to serve process, for previous garnishment actions based on such judgment.

Legislative History

Amended by 2020 Ga. Laws 574,§ 3, eff. 1/1/2021. Amended by 2018 Ga. Laws 459,§ 1, eff. 5/8/2018. Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.