MAGISTRATE COURT OF FULTON COUNTY, GA Garnishment # SUMMONS FOR REGULAR GARNISHMENT DO NOT WRITE IN THIS SPACE

Transcription

1 MAGISTRATE COURT OF FULTON COUNTY, GA Garnishment # SUMMONS FOR REGULAR GARNISHMENT DO NOT WRITE IN THIS SPACE PLAINTIFF S NAME v. XXX-XX- last 4 digits only DEFENDANT S SOCIAL SECURITY NUMBER DEFENDANT S NAME & ADDRESS To: GARNISHEE S NAME & ADDRESS PLAINTIFF S OR ATTORNEY S NAME & ADDRESS PHONE NUMBER & ADDRESS GARNISHEE S COPY OF REGULAR GARNISHMENT YOU ARE HEREBY COMMANDED to immediately hold all property, money and wages, except what is exempt, including property in safe-deposit boxes or similar property, 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 making your answer, not sooner than thirty (30) days but not later than forty-five (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/her attorney named above. Your answer shall state what property, money and wages, 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 answer. Money or other property subject to this summons should be delivered to the Court with this answer. If in answering the summons or garnishment, the garnishee shall state that the property of the defendant includes property in a safe-deposit box or similar property, the garnishee shall answer to the court issuing the summons of garnishment as to the existence of such safe-deposit box and shall hold any contents of such safe-deposit box until further order of said court or one hundred twenty (120) days from the date of the filing of the answer to the summons of garnishment unless such time has been extended by the court, whichever is sooner. Should you fail to answer this summons; a judgment will be rendered against you for the amount the plaintiff claims due by the defendant. WITNESS, Honorable This day of, 20. NOTICE 1. is the amount claimed (including all fees except filing costs) Garnishment filing cost of., Chief Judge of said Court. Deputy Clerk or Notary Public Affiant 2. Judgment was obtained in the Court of County. 3. is the judgment case number. ALL CHECKS SHALL HAVE THE GARNISHMENT CASE # TO AVOID BEING RETURNED & MARKED UNTIMELY

2 IMPORTANT INSTRUCTIONS TO THE GARNISHEE You have been served with a legal summons called a Summons of Garnishment. You are required by law to file an answer to the summons. You must file an answer even if the defendant has left your employment or has never been employed by you. If the defendant leaves your employment at any time during this garnishment period, you must file an answer showing the date of termination and remitting all money due up to the date of termination. If the defendant was never an employee you should so indicate on your answer under the section, Garnishee further states. Failure to file an answer can result in a money judgment for the entire sum owed to the Plaintiff being entered against you by default. A garnishment covers a 30 day period from the date of service upon you. Generally, your answer cannot be filed sooner than thirty (30) days after the service of Summons of Garnishment, and no later than forty-five (45) days after the date of service of Summons of Garnishment. An answer may be filed immediately if: You are a bank or financial institution and do not have an active account or other assets of the defendant. (O.C.G.A ) The defendant has been an employee and is no longer employed by you and you are not the holder of assets that might be subject to this garnishment. If you are not familiar with Georgia Law applying in garnishment actions, consult with your attorney, or otherwise obtain correct information before releasing any funds or assets you may be holding. A letter is not a legal answer, even though you may not be holding any funds or assets. Effective September 1, 2014, all answers and garnishee checks shall be mailed to: Fulton County Magistrate Court, Garnishment Division, P.O. Box , Atlanta, GA All checks shall have the case number reflected on the check itself. All checks with no case number will be returned to the garnishee. Plaintiff or their counsel is the only one who can authorize the Court to issue a release and relieve you of filing an answer to this Summons. Do not release any funds or assets unless you receive an official sealed release from the Court. Failure to properly file an answer may result in a default judgment being entered against you for the amount claimed by the plaintiff against defendant.

3 GUIDE FOR FILING YOUR ANSWER This document is intended to be a guide to assist you in filing your answer. Neither the Clerk of Court nor any Magistrate may provide you with legal advice. The Georgia garnishment code is contained in O.C.G.A et seq. You should consult with an attorney if you have any questions regarding the calculations below or your responsibilities in this case. 1. Property: Describe the amount and type of property owned by the defendant which you had possession. For instance, items such as cars, jewelry, furniture or other personal property, etc. 2. Debts/Funds/Wages: Amount of money you owed the defendant, or had on deposit for the defendant. For instance, a bank holding 1, in a bank account, a contractor owing a subcontractor 1, or 1, owed to an employee as wages. 3. Gross Earnings/Wages: (Gross amount of wages or earnings paid by the Garnishee to the defendant) (The rate of earnings) (Frequency of earnings, such as per week) 4. Subtract Social Security, State, Federal, FICA and Medicare taxes from the above earnings (Do not deduct any other withholdings such as insurance, 401K, savings, etc.) 5. This equals total Disposable Earnings Subject to Garnishment (Line 3 minus Line 4) 6. Multiply 25% times Total Disposable Earnings (From Line 5) times Federal Minimum Wage (7.25) times number of weeks of earnings covered by this answer 8. Disposable Earnings (Line 5) minus Minimum Wage calculation (Line 7) 9. Wages Subject to this Garnishment (the lesser of Line 6 or Line 7) 10. Minus Garnishment Handling Fee Retained by You (the greater of or 10%, not to exceed ) should you elect to take out this fee. (Describe and insert in Garnishee further states section) See O.C.G.A Calculate the amount you need to pay to the Clerk of Court.

4 Garnishment Case Number: ANSWER OF GARNISHEE 1. At the time of service or from the time of service to the time of this answer, garnishee had in their possession the following described property of defendant: 2. At the time of service or from the time of service to the time of this answer, defendant placed with garnishment the following described property: 3. is the amount of money subject to this Summons of Garnishment. is claimed by garnishee as debts owed to them, reasonable set-offs, or administrative fees. is the amount being paid into the registry of the court. 4. Garnishee further states: CERTIFICATE OF SERVICE Answer submitted by: Official Title: This is to certify that I have this day served plaintiff or their attorney in this garnishment action with a copy of this answer by depositing same in the United States Mail, in a properly addressed envelope with adequate postage. This day of, 20.

5 MAGISTRATE COURT OF FULTON COUNTY, GA Garnishment # SUMMONS FOR REGULAR GARNISHMENT DO NOT WRITE IN THIS SPACE PLAINTIFF S NAME v. XXX-XX- last 4 digits only DEFENDANT S SOCIAL SECURITY # DEFENDANT S NAME & ADDRESS To: GARNISHEE S NAME & ADDRESS DEFENDANTS SHOULD READ IMPORTANT NOTICES AND INFORMATION ON THE REAR OF THIS FORM PLAINTIFF S OR ATTORNEY S NAME & ADDRESS PHONE NUMBER & ADDRESS DEFENDANT S COPY OF SUMMONS FOR REGULAR GARNISHMENT YOU ARE HEREBY COMMANDED to immediately hold all property, money and wages, except what is exempt, including property in safe-deposit boxes or similar property, 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 making your answer, not sooner than thirty (30) days but not later than forty-five (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/her attorney named above. Your answer shall state what property, money and wages, 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 answer. Money or other property subject to this summons should be delivered to the Court with this answer. If in answering the summons or garnishment, the garnishee shall state that the property of the defendant includes property in a safe-deposit box or similar property, the garnishee shall answer to the court issuing the summons of garnishment as to the existence of such safe-deposit box and shall hold any contents of such safe-deposit box until further order of said court or one hundred twenty (120) days from the date of the filing of the answer to the summons of garnishment unless such time has been extended by the court, whichever is sooner. Should you fail to answer this summons; a judgment will be rendered against you for the amount the plaintiff claims due by the defendant. WITNESS, Honorable This day of, 20. NOTICE 1. is the amount claimed (including all fees except filing costs) Garnishment filing cost of., Chief Judge of said Court. Deputy Clerk or Notary Public Affiant 2. Judgment was obtained in the Court of County. 3. is the judgment case number. ALL CHECKS SHALL HAVE THE GARNISHMENT CASE # TO AVOID BEING RETURNED & MARKED UNTIMELY

6 NOTICE TO DEFENDANT You are hereby notified that Plaintiff has filed with the Court a summons and affidavit of garnishment that has or will be served upon the Garnishee named on the front of this form. This is your copy of the summons and affidavit. It directs the garnishee to hold and turn over to the court money, property and/or credits of yours. IMPORTANT INSTRUCTIONS TO THE DEFENDANT A garnishment has been filed against you with your bank, credit union, brokerage house or your tenant. Everything in your accounts up to the amount stated due on the reverse of this form will be attached. If you are receiving rent, all of your tenant s rent up to the amount stated due will be attached. If you are not familiar with Georgia Law applying to garnishment actions, consult with an attorney, or otherwise obtain correct information before proceeding in this matter. Do not call the court for advice; the clerks are unable to provide you with assistance. If you dispute the amount due, you may file a traverse. A traverse does not stop the garnishment from proceeding; it only gets you a Court hearing. If you believe the property in the hands of Garnishee is exempt from Garnishment, you may file a claim to the property. A claim will not stop the garnishment from proceeding; it only gets you a Court hearing. If you choose, you may post a bond in the amount due, and obtain a release. File your traverse, claim or other response with the Fulton County Magistrate Court Civil Division located at 185 Central Avenue SW, Suite TG-100, Atlanta, GA For more information about the filing fee and other general questions, please visit our website at If you are disputing that a judgment exists, you must do that in the Court that rendered it against you and file a traverse in this Court. Failure to properly file a traverse, claim or other legal response to this garnishment will result in a conclusive presumption that this garnishment was properly issued.