Winning a judgment is not the same as collecting on one. The defendant rarely writes a check. More often, the judgment creditor must reach money the defendant holds or is owed — and in Georgia, that means garnishment. Title 18, Chapter 4 of the O.C.G.A. governs the process. The deadlines are real. Missing one can cost a plaintiff the right to contest the garnishee’s answer or expose the garnishee to default judgment for the full amount of the underlying debt.
The Basics: What Garnishment Reaches
A garnishment proceeding is directed at a third party — the garnishee — who holds money or property belonging to the defendant or owes money to the defendant. The most common garnishees are employers (wages) and financial institutions (bank accounts). Under O.C.G.A. § 18-4-4, the garnishment reaches all obligations the garnishee owes to the defendant at the time of service and throughout the garnishment period.
Earnings are subject to a statutory cap. Under O.C.G.A. § 18-4-5, the maximum amount subject to garnishment in any workweek is the lesser of 25 percent of the defendant’s disposable earnings or the amount by which those earnings exceed $217.50. For garnishments based on private student loans, the cap drops to 15 percent. Certain funds are exempt entirely under O.C.G.A. § 18-4-6 — Social Security, SSI, and veterans’ benefits among them — regardless of whether they are held in a bank account.
Starting the Proceeding
Garnishment requires a valid judgment. For a money judgment other than a default judgment, the plaintiff must wait ten days after entry before filing. The plaintiff files an affidavit and summons of garnishment with the appropriate court. The forms are mandatory; O.C.G.A. § 18-4-70(a) requires use of the statutory forms, though format may be adjusted as long as all required information is present.
Under O.C.G.A. § 18-4-8, the plaintiff serves the garnishee under O.C.G.A. § 9-11-4 and must send the defendant a copy of the affidavit, summons, and statutory Notice of Right Against Garnishment within three business days after serving the garnishee. A certificate of service must be filed with the court. No money can be paid out until that certificate is on file.
The Garnishee’s Answer
The summons commands the garnishee to hold all non-exempt money and property belonging to the defendant beginning on the day of service and including the next 29 days. For financial institutions, the hold period is five days.
The garnishee must file an answer and deliver any funds subject to garnishment concurrently. Under O.C.G.A. § 18-4-21, a garnishee that fails to answer by the 45th day after service is automatically in default. The default may be opened as a matter of right within 15 days by filing an answer and paying costs. After that window closes, the plaintiff may take default judgment against the garnishee for the full amount remaining on the underlying debt — significant exposure for an employer or bank that simply fails to respond.
For continuing garnishments — used primarily for wages — the garnishee must file answers at least once every 45 days, with the last answer due no later than 195 days after service. The same default consequence applies.
Traverse Practice
A traverse is a challenge to the garnishment — by the plaintiff disputing the garnishee’s answer, or by the defendant contesting the affidavit itself.
The plaintiff must traverse the garnishee’s answer within 15 days of filing. If no traverse is filed within that window and no defendant’s claim is pending, the garnishee is discharged and funds are distributed. Missing the traverse deadline costs the plaintiff the right to contest, and the garnishee walks.
The defendant’s traverse challenges the affidavit of garnishment as untrue or legally insufficient. It may be filed at any time before judgment is entered, funds are ordered disbursed, or property is distributed, whichever comes first. A filed traverse does not relieve the garnishee of its answer obligation. The garnishee must still answer and deliver funds unless the defendant posts a bond with the clerk conditioned on payment of any resulting judgment.
The Defendant’s Claim
Separate from a traverse, the defendant may file a claim asserting that the money or property is exempt. Under O.C.G.A. § 18-4-15, a claim can raise any exemption, challenge the validity of the underlying judgment, contest the amount claimed, or assert that the property belongs to a third party with superior rights. The claim must be filed before judgment is entered or funds are disbursed.
Practical Notes
Jurisdiction is proper in the court where the underlying judgment was obtained. Filing in the wrong court voids the proceeding.
Georgia’s current garnishment chapter was substantially revised in 2016 following a court decision finding the prior version unconstitutional for failing to give defendants adequate notice and an opportunity to claim exemptions before funds were seized. The mandatory forms and three-business-day defendant-notice requirement both stem from that reform. Creditors who skip the notice step or use non-conforming forms risk having the proceeding unwound.
Disclaimer
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