Garnishment FAQs – Evans County, GA https://evanscounty.org Pride. Strength. Community. Tue, 03 Aug 2021 21:46:05 +0000 en-US hourly 1 https://wordpress.org/?v=7.1.2 https://evanscounty.org/wp-content/uploads/2017/07/cropped-EvansCountySeal-white-bg-32x32.jpg Garnishment FAQs – Evans County, GA https://evanscounty.org 32 32 What is a traverse? https://evanscounty.org/faq/garnish-7/ Thu, 30 Oct 2014 16:29:50 +0000 http://evanscounty.org/?post_type=faq&p=1017 The plaintiff’s traverse states that the garnishee’s answer is untrue or legally insufficient. The plaintiff may file a traverse no later than 15 days after the answer of the garnishee is filed with the court. The defendant’s traverse states that the affidavit of garnishment is untrue or legally insufficient. The defendant may file a traverse at any time before a judgment is entered on the garnishee’s answer. The garnishee must withhold funds until the judge rules on the traverse. The funds are held in the registry of the court until the traverse is ruled on. A traverse must be scheduled for a hearing within 10 days of the filing of the traverse.

]]> What amount can I file a garnishment for? https://evanscounty.org/faq/garnish-6/ Thu, 30 Oct 2014 16:15:25 +0000 http://evanscounty.org/?post_type=faq&p=1015 The principal amount on the judgment may not exceed $15,000.00 when filing a garnishment with the Magistrate Court.

]]> What happens if the garnishee fails to file an answer? https://evanscounty.org/faq/garnish-5/ Thu, 30 Oct 2014 15:51:51 +0000 http://evanscounty.org/?post_type=faq&p=1013 If the garnishee fails to file an answer by the 45th day from the date of service, they still have an additional 15 days in which they can file an answer but they are required to pay court cost in order to open the default. If the garnishee fails to file an answer by the 60th day from the date of service, the plaintiff can request a judgment against the garnishee. The plaintiff can then take steps to collect the judgment from the garnishee.

]]> How long does the garnishee have to file an answer with the court? https://evanscounty.org/faq/garnish-4/ Thu, 30 Oct 2014 15:48:29 +0000 http://evanscounty.org/?post_type=faq&p=1011 A garnishee must file an answer with the court no later than 45 days, but not sooner than 30 days from the date of service by the Sheriff’s Department.

]]> How long does a garnishment last? https://evanscounty.org/faq/garnish-3/ Thu, 30 Oct 2014 15:39:50 +0000 http://evanscounty.org/?post_type=faq&p=1009 A continuing (wage) garnishment is good for 1095 days from the date of service by the Sheriff’s Department. A bank garnishment is good for 15 days from the date of service by the Sheriff’s Department.

]]> What forms do I need? https://evanscounty.org/faq/garnish-2/ Thu, 30 Oct 2014 15:02:53 +0000 http://evanscounty.org/?post_type=faq&p=993 A copy of the judgment must accompany the garnishment upon filing if the judgment was obtained from another court. You also need:

 

For a Continuing (Wage) Garnishment:

– Affidavit and Summons of Continuing Garnishment

– Answer of Continuing Garnishment

– Sheriff’s Entry of Service form for the garnishee

– Sheriff’s Entry of Service form for the defendant

 

For a Regular (Bank) Garnishment:

– Affidavit and Summons of Garnishment

– Answer of Garnishment

– Sheriff’s Entry of Service form for the garnishee

– Sheriff’s Entry of Service form for the defendant

]]> How do I file a garnishment? https://evanscounty.org/faq/garnish-1/ Thu, 30 Oct 2014 14:59:41 +0000 http://evanscounty.org/?post_type=faq&p=991 Garnishment proceedings may be filed immediately if the judgment issued is a default judgment. Otherwise, a period of 30 days must lapse before a garnishment can be filed. The correct forms for filing a garnishment can be obtained from the Magistrate Court Clerk’s Office.

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