Georgia § 18-4-78 - Summons of continuing garnishment.

§ 18-4-78. Summons of continuing garnishment.

"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 ) __________________________________ ) E-mail 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 ) SUMMONS OF CONTINUING GARNISHMENT 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, 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 1,095 days. You are FURTHER COMMANDED to file your answer, in writing, 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 or owe beginning on the day of service of this summons and between the time of such service and the time of making your first answer. Thereafter, you are required to file further answers no later than 45 days after your last answer. Every further answer shall state what money, including wages, and other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant you hold or owe at and from the time of the last answer to the time of the current answer. YOU MUST FILE ADDITIONAL ANSWERS UNTIL THE SOONER OF: THE PAYMENT OF THE BALANCE SHOWN ON THE SUMMONS OF GARNISHMENT, THE EXPIRATION OF 1,095 DAYS, OR THE TERMINATION OF ANY RELATIONSHIP BETWEEN GARNISHEE AND DEFENDANT WHICH INCLUDES PERIODIC PAYMENT OBLIGATIONS FROM GARNISHEE TO DEFENDANT. Money, including wages, or other property admitted in an answer to be subject to continuing garnishment must be sent or delivered to the Court concurrently with each answer. Should you fail to file Garnishee Answers 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 Continuing Garnishment. WITNESS , the Honorable ________________________, Judge of said Court. This ________ day of ________________________, 20________. ______________________________, Clerk of Court By: ______________________________ Deputy Clerk, ________________________ Court" (Code 1981, § 18-4-78 , enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2020, p. 691, § 29/SB 443.) The 2020 amendment, effective January 1, 2021, in the first Command paragraph, substituted "1,095 days" for "179 days" in the first sentence, substituted the present sixth sentence for the former provisions, which read: "The last answer required by this summons shall be filed no later than the 195th day after you receive the summons.", and substituted "be sent" for "be paid" in the seventh sentence.