A garnishment is a separate legal action that is filed against the garnishee. The garnishee is a person or business entity that owes funds to the judgment debtor, or is holding funds on behalf of the judgment debtor. There are two basic types of garnishments: a Summons of Garnishment and Continuing Garnishment. A Summons of Garnishment is used primarily for garnishing a bank account or other financial institution. A Continuing Garnishment is used solely for garnishing wages.|
Most of the time, if you are looking to attach an amount of money in a bank or credit union, or take money that is being held for a defendant in a case, the process is a Summons of Garnishment. This is the process used against a bank, credit union, employer, general contractor, etc.
Garnishments are filed in the County where the garnishee is physically located. Cost for filing is $54.00. Sheriff's service of 2nd or subsequent summons is $35.00 for each additional service.
The cost for filing a garnishment in Magistrate Court is $54.00. If defendants reside in DeKalb County and you want us to serve them with their copy of the
garnishment, please add an additional $35.00 to the cost. You may add additional banks/employers to your regular garnishment if you wish. It will cost an additional $35.00 for each additional Garnishee served.
Additional Forms You May Need to Print and Complete:
Marshal's Entry of Service (SAMPLE) - This is a sample of the carbon-copy form that should be obtained directly from the Court Clerk
Affidavits for Garnishment:
Affidavit of Garnishment – Financial Institution (new)
Affidavit of Continuing Garnishment - Support (new)
Affidavit of Continuing Garnishment - Wages (new)
Summons of Garnishment - Continuing (new)
Summons of Garnishment Upon a Financial Institution (new)
Garnishment Answer Form (new)
Garnishment Instruction Sheet
Georgia Garnishment Exemptions (new)
Notice to Garnishees – Employers
Notice to Garnishees – Financial Institutions
Notice to Defendant and Claim Form (new)
Return of Service Upon Defendant – to be used for all garnishment actions
Traverse of Claimant
You can find more helpful information about garnishments from the questions below:
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