Affidavit & Summons of Continuing Garnishment (Ga. Code Title 18, Amended 1981) Affidavit for Continuing Garnishment

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1 Affidavit & Summons of Continuing Garnishment (Ga. Code Title 18, Amended 1981) Affidavit for Continuing Garnishment MAGISTRATE COURT OF LIBERTY COUNTY, GEORGIA EFILE No: Plaintiff Defendant Military Personnel: Personally appeared the undersigned affiant who on oath says that he/she is the above plaintiff, his/her agent, or his/her attorney at law and that the above defendant is indebted to said plaintiff on a judgment described as follows: is the case number in the Court of which rendered the judgment against the defendant $5,000.00, being the balance thereon. Affiant further states that affiant believes that garnishee is or may be an employer of the defendant and subject to continuing garnishment. (Affiant) By order of local rule, and the authority of OCGA , submission of this form, and payment, shall constitute filing and affixing electronic verification by submission and payment, the undersigned swears or affirms that the statements set forth in the above pleadings are true and correct and that the date of execution is the date of receipt of electronic control by the court. I electronically swear and affirm and will do so in person upon the calling of the case. Approved this,,. Judge Magistrate Court of Liberty County

2 SUMMONS OF CONTINUING GARNISHMENT TO: GARNISHMENT NO: Amount claimed due on judgment: Cost of Gamishment: Attomey: Interest: Total Amount of Summons: Court of Judgment: Court of Judgment Case Number: YOU ARE HEREBY COMMANDED to hold immediately all property, money, wages except what is exempt, belonging to the defendant, or debts owed to the defendant named above at the time of service of this summons and between the time of service of this summons to and including the one hundred seventy-ninth day thereafter. Not later than 45 days after you are served with this summons, you are commanded to file your answer in writing with the clerk of this court and serve a copy upon the plaintiff or his attorney. This answer shall state what property, money, and wages, except what is exempt, belonging to the defendant or debts owed to the defendant, you hold or owe at and from the time of this answer to the time of the current answer. The last answer required by summons shall be filed no later than the one hundred ninety-fifth day after you receive this summons. Money or other property admitted in answer to be subject to continuing garnishment must be delivered to the court with your answers. Should you fail to file answers as required by this summons, a judgment will be rendered against you for the amount the plaintiff claims due by the defendant. FAILURE TO COMPLY WITH THE ABOVE REQUIREMENTS MAY RESULT IN A JUDGMENT AGAINST THE GARNISHEE FOR THE ENTIRE AMOUNT CLAIMED DUE ON THE JUDGMENT AGAINST THE DEFENDANT. Witness the Honorable, Judge of said Court. This day of, 20, Clerk/Judge - Magistrate Court of Liberty County

3 AFFIDAVIT FOR GARNISHMENT(CONTINUING)(O.C.G.A. 18-4) FORM36 GEORGIA COUNTY COURT OF COUNTY (PLAINTIFF) CIVIL FILE NO. VERSES (DEFENDANT) PLAINTIFFS ATTORNEY & ADDRESS (GARNISHEE) Personally appeared Who on oath says that he is Agent-Attorney-At-Law for Plaintiff herein, and (that Defendant is indebted to said Plaintiff in the sum of $,$ Interest, $ Attorney's Fees and $ Cost and that said Plaintiff has (a suit pending) Judgment obtained) in suit No. At the Term, 20 of the Court of County. And that Affiant has reason to apprehend the loss of said sum or some part thereof unless process of garnishment issues. (That Plaintiff believes is or may be an employer of Defendant and subject to continuing garnishment and request that summons of continuing garnishment issue Affiant Sworn to and Subscribed Before Me, This 20 Clerk or Notary Public Approved This 20 Court of County Judge Magistrate

4 SUMMONS OF CONTINUING GARNISHMENT Code IN THE MAGISTRATE COURT OF LIBERTY COUNTY STATE OF GEORGIA Plaintiff vs. Defendant Civil Action File Social Security Number Address SUMMONS OF CONTINUING GARNISHMENT TO: Amount Claimed Due on Judgment. Total Court of Judgment. Judgment Case Address YOU ARE HEREBY COMMANDED to hold immediately all property, money, wages, except what is exempt, belonging to the defendant, or debts owed to the defendant named above at the time of service of this summons and between the time of service of this summons to and including the one hundred seventy-ninth day thereafter. Not later than 45 days after you are served with this summons, you are commanded to file your answer in writing with the clerk of this court and serve a copy upon the plaintiff or his attorney named above. This answer shall state what property, money, and wages, except what is exempt, belonging to the defendant, or debts owed to the defendant, you hold or owe at the time of service of this summons and between the time of such service and the time of making your first answer. Thereafter, you are required to file further answers no later than 45 days after your last answer. Every further answer shall state what property, money, and wages, except what is exempt, belonging to the defendant or debts owed to the defendant, you hold or owe at and from the time of the last answer to the time of the current answer. The last answer required by this summons shall be filed no later than the one hundred ninety-fifth day after you receive this summons. Money or other property admitted in an answer to be subject continuing garnishment must be delivered to the court with your answers. Should you fail to file answers as required by this summons, a judgment will be rendered against you for the amount the plaintiff claims due by the defendant. WITNESS the HONORABLE MELINDA ANDERSON, Judge/Magistrate of Said Court This day of _, 20 _ SEE REVERSE SIDE FOR IMPORTANT INSTRUCTIONS

5 IMPORTANT INSTRUCTIONS GARNISHEE 1. If the Defendant listed on the reverse side of this summons, is not_ presently employed by the or said Defendant's employment is terminated after service of this summons, then designate the same under the section " Further States" on the answer form. 2. File your Answer at Liberty County Magistrate Court, P. 0. Box 912, Hinesville, GA If you are not familiar with the Georgia Law applying in garnishment cases consult your attorney, or otherwise obtain correct information before paying the Defendant any sum after you have been served with this Summons of Garnishment. 4. A letter is insufficient even though the Defendant is not employed by you. 5. _Plaintiff, or their counsel, is the only one who can authorize the Court to issue a release and relieve you of filing Answer to this Summons. 6. Failure to file answer may result in a default judgment being entered against for the amount claimed by Plaintiff against Defendant, plus court cost. 7. Other DEFENDANT 1. Defendant may file a traverse or bond to dissolve the garnishment. 2. If you are unfamiliar with the Georgia Law applying to garnishments consult an attorney or otherwise obtain correct information before proceeding in this matter. 3. File your traverse at Liberty County, Magistrate Court P. 0. Box 912, Hinesville, GA Failure to File a traverse of Summons will result on a conclusive presumption that the garnishment was properly issued. 5. A garnishment against property and credits of the Defendant has been or will be served on the.