Current through 2023-2024 Legislative Session Chapters 1-597, 604, 609, 612, 696, 697
Section 18-4-8 - Required documents and service thereof(a) The plaintiff shall serve the garnishee, as provided in Code Section 9-11-4, or, when the garnishment is filed in a magistrate court, the plaintiff may serve the garnishee by using the constable of the magistrate court in the manner set forth in Code Section 9-11-4, with a copy of the affidavit of garnishment, summons of garnishment, Notice to Defendant of Right Against Garnishment of Money, Including Wages, and Other Property, and Defendant's Claim Form. The plaintiff shall fill in the style of the case, except for the civil action file number, and the garnishment court information on such notice and claim form. Such notice and claim form are set forth in Code Section 18-4-82.(b)(1) At any time after filing of an affidavit of garnishment but not more than three business days after service of the summons of garnishment on the garnishee, the plaintiff shall cause a copy of the affidavit of garnishment, a copy of the summons of garnishment, a copy of the Notice to Defendant of Right Against Garnishment of Money, Including Wages, and Other Property, and a copy of the Defendant's Claim Form as described in subsection (a) of this Code section, using one of the following methods: (A)(i) To be sent to the defendant at the defendant's last known address by: (II) Registered or certified mail or statutory overnight delivery.(ii) A certificate of service or any other proof of the sending of the above documents to the defendant, which may include but is not limited to copies of the envelope bearing the official notification from the United States Postal Service of the attempted or actual delivery of such registered or certified mail, the envelope bearing the official notification from a commercial firm of the attempted or actual delivery of such statutory overnight delivery, or a written notice from the United States Postal Service or a commercial firm, including but not limited to printings or reproductions from the website of the United States Postal Service or such commercial firm, of the attempted or actual delivery of such registered or certified mail or statutory overnight delivery, shall be filed with the clerk of the court in which the garnishment is pending.(iii) The defendant's actual timely notice of the garnishment or the defendant's refusal to accept or failure to claim such registered or certified mail or statutory overnight delivery addressed to such defendant shall satisfy all other requirements for service of notice in this Code section;(B)(i) To be delivered personally to the defendant by:(I) An individual who is not a party and is not younger than 18 years of age;(II) An individual who has been appointed by the court to serve process or is a permanent process server;(III) The sheriff of the county where the action is brought or where the defendant is found or by such sheriff's deputy;(IV) The marshal or sheriff of the court or by such official's deputy;(V) The constable of the magistrate court, when the garnishment is filed in a magistrate court, or by the constable's deputy; or(VI) A certified process server as provided in Code Section 9-11-4.1.(ii) A certification by the person making the delivery shall be filed with the clerk of the court in which the garnishment is pending; or(C)(i) When the plaintiff, or plaintiff's attorney, states under oath that the defendant resides out of this state, has departed this state, or after due diligence cannot be found within this state, or has concealed his or her place of residence from the plaintiff, to be sent to the defendant by regular mail at the address at which the defendant: (I) Accepted service in the action resulting in the judgment;(II) Identified as his or her residence in any pleading in the action resulting in the judgment; or(III) Was served as shown on the return of service in the action resulting in the judgment.(ii) A certificate of such mailing shall be filed with the clerk of the court in which the garnishment is pending by the person mailing such notice.(2) The methods of notification specified in this subsection shall be cumulative and may be used in any sequence or combination. When it appears that a plaintiff has reasonably, diligently, and in good faith attempted to use one method, another method thereafter may be utilized; for the time during which the attempt was being made, the time limit shall be tolled for the subsequent method.(3) No money or other property paid or delivered to the court by the garnishee shall be distributed nor shall any judgment be rendered against the garnishee until: (A) Ten days have elapsed from the date of filing a certificate of compliance with at least one method of notification provided by this subsection; and(B) If a garnishee answer was filed: (i) Twenty days have elapsed from the filing of the garnishee's answer without a claim having been filed by any defendant or third party and without a traverse having been filed by the plaintiff; or(ii) All traverses filed prior to the twenty-first day from the filing of the garnishee's answer have been adjudicated and all claims have been adjudicated.Amended by 2020 Ga. Laws 574,§ 6, eff. 1/1/2021.Amended by 2018 Ga. Laws 459,§ 4, eff. 5/8/2018.Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.