Please note that legal requirements when filing a garnishment action were completely rewritten and amended effective May 12, 2016. Your action MUST comply with the Official Code of Georgia Annotated as it currently stands.
Contact your attorney should you have any legal questions. Clerks may give legal information, but they may NOT give legal advice or direction as to how to complete or file your action. Your paperwork may be mailed back to you should you fail to meet the proper requirements.
Forms MAY be completed in handwriting.
If you complete your paperwork by hand you MUST NEATLY PRINT handwritten information in BLACK INK and NOTARIZE SIGNATURES.
IF YOU HAVE ANY QUESTIONS REGARDING THESE REQUIREMENTS, HOW TO COMPLETE THE PAPERWORK, OR THE TIMELINE ABOVE, PLEASE CONTACT THE CLERK WHO PROCESSES THIS PAPERWORK AT
229-995-3757 BEFORE MAILING YOUR PAPERS SO AS TO AVOID YOUR PAPERWORK BEING RETURNED TO YOU.
1. Complete the Affidavit of Continuing Garnishment, Summons of Continuing Garnishment, Attachment for Summons of Continuing Garnishment, and Sheriff's Entry of Service. Return your paperwork with a COPY OF JUDGE'S ORDER, 2 ENVELOPES, and the FILING FEE.
2. After your paperwork is received by the Magistrate Court and filed, you will be sent file-stamped copies of your paperwork. Keep theses copies that were mailed to you by the Court for your records. You will use them to make copies needed later. If you would like these copies emailed to you, make sure you give your email address to the clerk.
3. AFTER YOU RECEIVE YOUR FILE-STAMPED COPIES from the Court, make 2 copies of each of the following file-stamped documents: AFFIDAVIT OF CONTINUING GARNISHMENT, SUMMONS OF CONTINUING GARNISHMENT, and NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT OF MONEY, INCLUDING WAGES AND OTHER PROPERTY and DEFENDANT’S CLAIM FORM. Keep these until you receive the Sheriff's Service in the mail.
4. After you receive the SHERIFF'S SERVICE from the Court, within 3 business days of the Defendant being served the Affidavit of Continuing Garnishment, mail the following documents as directed: 1 set of the copies you made to the Defendant by regular USPS mail, and mail 1 set of copies to the Defendant by Certified USPS mail.
5. After you receive back the Green Certified Mail Card, showing that the Defendant has been served with the copies that you mailed, OR once you receive back the undelivered envelope showing that the Defendant was not able to be served by mail, MAKE A COPY of either the returned green card or the undelivered envelope and attach it to the RETURN OF SERVICE UPON THE DEFENDANT and return those documents to the Magistrate Court for filing.
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