What are the service (notice) requirements?

Service on the Garnishee. The plaintiff must have the garnishee served personally or pursuant to a legally authorized service substitute (usually requiring permission from the Court) with a copy of: 

(1) the Affidavit of Garnishment;

(2) the Summons of Garnishment; and

(3) the Notice to Defendant of Right against Garnishment of Money, Including Wages and Other Property and Defendant's Claim Form. See O.C.G.A. 18-4-8(a) and 9-11-4.

Service on the Defendant. No later than three (3) business days after service of the garnishment on the garnishee, the plaintiff must also serve the defendant with: 

(1) the Affidavit of Garnishment;

(2) the Summons of Garnishment; and

(3) the Notice to Defendant of Right against Garnishment of Money, Including Wages and Other Property and Defendant's Claim Form.

For all service after May 12, 2016, service on the defendant may only be made through the following methods:

a. By regular mail to the defendant at the defendant's last known address and by registered or certified or statutory overnight delivery, return receipt requested.  See O.C.G.A. 18-4-8(b)(1)(A).; or

b. Personal service by the sheriff or other approved special process service.

If the plaintiff can establish by affidavit that the defendant resides out of this state, has departed this state, cannot, after due diligence, be found within this state, or has concealed his or her place of residence from the plaintiff, the plaintiff may be permitted to serve the defendant by regular mail at the address at which the defendant was served as shown on the return of service in the action resulting in the judgment. A certificate of such mailing shall be filed with the clerk of the court in which the garnishment is pending by the person mailing such notice.

If the plaintiff fails to serve the defendant within this statutory time period, no funds will be distributed, no default judgment will be entered against Garnishee, and the garnishment is subject to dismissal.

Read the full text of the law regarding service and required notice.

Show All Answers

1. Are there different types of garnishment?
2. How do I file a garnishment?
3. How do I prove service?
4. How long does a garnishment last?
5. How long does the garnishee have to file an answer with the court?
6. What amount can I file a garnishment for?
7. What are the service (notice) requirements?
8. What forms do I need?
9. What happens if the garnishee fails to file an answer?
10. What is a traverse?
11. What properties are subject to a garnishment?