Application for Action of Continuing Garnishment

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. 

INSTRUCTIONS and TIMELINE 

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.

  1.  AFFIDAVIT OF CONTINUING GARNISHMENT (click here to see how to complete form)
  2. SUMMONS OF CONTINUING GARNISHMENT (click here to see how to complete form)
  3. NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT OF MONEY, INCLUDING WAGES AND OTHER PROPERTY Required to be served upon the Defendant by the Plaintiff and the Garnishee AND DEFENDANT’S CLAIM FORM Required to be served upon the Defendant by the Plaintiff and the Garnishee (click here to see how to complete forms)
  4. ATTACHMENT FOR SUMMONS OF CONTINUING GARNISHMENT This optional and is strictly used for locating and/or identifying the correct defendant by the Garnishee. The Court will not keep a record of this pleading.  (click here to see how to complete form)
  5. RETURN OF SERVICE UPON DEFENDANT (click here to see how to complete form)
  6. COPY OF JUDGEMENT WITH JUDGE’S SIGNATURE OR A FIFA ISSUED BASED ON THE JUDGEMENT (click here to see an example)
  7. Two (2) self-addressed stamped envelopes (needed to return your copies of the Summons and Proof of Service to you.)
  8. SHERIFF'S ENTRY OF SERVICE (click here to see how to complete form)
  9. FILING FEE: $91.00. You may make payment in EXACT cash, check, or money order. Check or Money order must be made payable to TERRELL COUNTY MAGISTRATE COURT. 

Not sure which office provides the services you need?
Review the lists below to help you get to the right place:

SUPERIOR COURT CLERK'S OFFICE
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Passport Acceptance Agency

MAGISTRATECOURT OFFICE
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PROBATE COURT OFFICE
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TAX ASSESSOR'S OFFICE
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Contact Us

Superior Court Clerk's Office
229-995-2631

Magistrate Court 
229-995-3757

Probate Court
229-995-5515

Tax Assessor's Office
229-995-5210

Code Enforcement, Planning & Zoning, Animal Control
229-995-4410

Tax Commissioner
229-995-5151

Terrell County
Courthouse Annex

499 Rountree DR SW
Dawson, GA 39842

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