Page 137 - Judgment Enforcement Course
P. 137
Judgment Enforcement – The Step-by-Step Course
defendant does have an active account with, or is the owner of any money or property in
the possession of, the bank or financial institution then the garnishee must file an answer
no sooner than 30 days and no later than 45 days after the service of the summons and
must be accompanied by the money or other property subject to garnishment. Georgia.
Code Ann. _ 18462.
In a garnishment based on a judgment, the defendant shall be given notice of the filing of
the first summons of garnishment on an affidavit for garnishment and of the issuance of
an additional summons of garnishment on such affidavit when no notice has been given to
the defendant within 90 days immediately preceding the issuance of such additional
summons, using any one of the methods contained in __ 18464 or 9114.
--------
Garnishing other Property
You can garnish (also called levy) other property too. Cars, boats, motorcycles, paintings,
and so on. But I find that the other 5 enforcement measure work more efficiently and are
cheaper to do than this one. Besides, your state will have some exemptions from what can
be garnished.
These exemptions will vary from state to state. For example, in the State of California
exempt property includes appliances, Social Security money, burial plots and health aids.
In the State of Pennsylvania exempt property includes clothing and Bibles. Believe it or
not, in the State of Michigan exemptions include 2 cows, 100 hens, 5 roosters, and 5 pigs.
I’m not kidding! Apparently, they haven’t changed the law in a long time.
You can see how important it is to check your individual State codes. The sheriff will
also have a full list of all exempt property for your state. (NOLO will also help.)
More typical of exemptions are the ones in Ohio:
• $125,000 in equity in your home (the homestead).
• $3,675 in equity in your car
• $575 per item in wearing apparel, household goods and furnishings, appliances
($12,250 aggregate)
• $1,550 in jewelry
• $2,325 in items you need for your job (tools, books, etc.)
• $450 in cash and bank accounts
127 | P a g e
