Garnishment

Q. What is a garnishment?

A. A garnishment is a proceeding whereby a person’s money or property under the control of another (the garnishee) is applied to the payment of a debt for which a judgment has been granted. The most commonly filed garnishments are those against the judgment debtor’s bank account or wages. The employer or the bank will be the garnishee and when they are served with a summons of garnishment they are required to pay funds into court when they file their answer within the time specified by law. Garnishment forms are available in the Clerk’s office or on the Forms page of this Website.

Q. How do I know where to file a garnishment?

A. Garnishments are filed in the county where the garnishee is located.

Q. When will I get the money paid into court?

A. The law requires that funds paid into court must be held for fifteen (15) days before they can be paid out to the plaintiff or the plaintiff’s attorney. Proof of service of the summons of garnishment up in the defendant is required along with a request to condemn the funds. Once all of these requirement are met the Clerk will disburse the funds.

Q. How do I stop a garnishment?

A. The Clerk’s office cannot stop a garnishment without a direction from the court or authorization from the plaintiff or the plaintiff’s attorney. Seek the advice of any attorney licensed in Georgia for advice on how to stop a garnishment.