Page 136 - Judgment Enforce Course_Neat

Judgment Enforcement – The Step-by-Step Course

And, don’t forget that some states don’t allow wage garnishments under certain

circumstances. TX, FL, and N.C. are included there. Check NOLO.com for the wage
garnishment rules in your state.
Steps to Wage Garnishment:

✓ As always, get your “writ” and, if necessary, the required cost form, usually online.
✓ Fill it out.

✓ Get it to the court with the fee, to be stamped and approved.

✓ When you get it back, you use a sheriff or process server to serve it on the
employer. There may be another form that the sheriff’s office requires. Obviously

fill that out too.

I know someone who had a 100 wage garnishments going at the same time. I haven’t done

that many, mostly real property liens, other property seizures, and a lot of bank levies
where that method was the best avenue.
Special Note about Georgia on Wage Garnishments and other Garnishments:

Georgia. Code Annotated codes18460.
[Step 1] The plaintiff [you, because you are the new judgment creditor]…. shall make, on
personal knowledge, an affidavit setting forth that the plaintiff has a judgment against a
named defendant, the amount claimed to be due on the judgment, the name of the court
which rendered the judgment, and the case number thereof.

[Step 2] Upon the filing of the affidavit with the clerk of any court having jurisdiction over
the garnishee, the clerk shall cause a summons of garnishment to issue forthwith;
provided, however, that the affidavit shall first be made and approved in one of the
following ways: The affidavit may be made before and approved by a judge of the court in
which the garnishment proceeding is filed…[or] approved by a judge of any court of record
[or]. may be made before any officer authorized to administer oaths, including a notary
public, provided the affidavit is then submitted by mail or in person to any judge of a court
of record and is approved by him…. Georgia. Code Ann. _ 18461.

[Step 3] The summons of garnishment shall be directed to the garnishee, commanding
him to file an answer Statuting what money or other property is subject to garnishment.

[What happens next:] Upon the affidavit and summons being delivered to the sheriff,
marshal, constable, or like officer of the court issuing the summons, it shall be his duty to
serve the summons of garnishment upon the person to whom it is directed and to make
his entry of service upon the affidavit and return the affidavit to the court. If the garnishee
is a bank or other financial institution and if the defendant does not have an active account
with, and is not the owner of any money or property in the possession of, the bank or
financial institution then the garnishee may immediately file an answer; however, such
answer shall be filed not later than 45 days after the service of the summons. If the

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