To file a garnishment in Georgia, you need a judgment already in hand, a sworn Affidavit of Garnishment filed with the clerk of court in the county where the garnishee sits, a filing fee, formal service on the garnishee, and a separate notice mailed to the debtor within three business days. The clerk issues a summons, the garnishee answers and holds the funds, the debtor gets 20 days to object, and if no objection lands, the money is released to you.
The steps below assume you already have a Georgia judgment. If you don’t, there’s nothing to garnish yet.
Pick the Right Type of Garnishment First
Georgia has two post-judgment garnishments, and they do different jobs.
A regular garnishment is a one-time grab aimed at a bank, credit union, or brokerage account. The institution freezes whatever the debtor has on deposit at the moment of service, up to the judgment amount, and turns it over. It expires 45 days after service and does not reach future deposits.
A continuing garnishment goes to the debtor’s employer and pulls from each paycheck. Under O.C.G.A. § 18-4-111, every wage owed from the date of service through the 179th day afterward falls under the garnishment lien.1Justia. Georgia Code 18-4-111 – Property, Money, or Effects Subject to Continuing Garnishment With processing, the case stays live for roughly 195 days from service. If the balance isn’t satisfied by then, you file a fresh continuing garnishment for whatever’s left.2Magistrate Court of Fulton County, Georgia. Frequently Asked Questions
Many creditors run both at once: a regular garnishment on a known bank account and a continuing garnishment on the employer. The forms are not interchangeable, so pick before you file.
Gather the Judgment Details and Forms
Pull the specifics from the original judgment: case number, date entered, the court that entered it (Magistrate, State, or Superior), and the principal still owed. Add post-judgment interest. Georgia sets the rate automatically at the Federal Reserve prime rate on the day the judgment was entered, plus three percent, and it accrues whether or not the judgment mentions it.3Justia. Georgia Code 7-4-12 – Interest on Judgments
You also need the garnishee’s full legal name and the correct address. For a bank, that’s the branch or registered agent in Georgia. For a corporate employer, O.C.G.A. § 14-2-510 places venue in the county where the debtor actually works, not where corporate headquarters sits.4Justia. Georgia Code 14-2-510 – Venue File in the wrong county and the court lacks jurisdiction.
The core document is the Affidavit of Garnishment required by O.C.G.A. § 18-4-3. It identifies the debtor, names the issuing court, provides the case number, and states the amount owed, and it must be sworn before a notary, court clerk, or other authorized officer.5Justia. Georgia Code 18-4-3 – Affidavit and Requirements; Summons of Garnishment The clerk issues the Summons of Garnishment once your affidavit is accepted. The package also includes a Notice to Defendant of Right Against Garnishment and a Defendant’s Claim Form, which explain what income is protected and how to challenge the garnishment.6Justia. Georgia Code 18-4-8 – Required Documents and Service Thereof
Georgia-specific forms are available through the local Clerk of Court or the Council of Magistrate Court Judges website. Continuing garnishments use a different form set than regular garnishments. Every field has to match the judgment records exactly.
Where to File and What It Costs
Submit the package to the clerk in the county where the garnishee is located. For a bank, that’s typically the county of the branch. For an employer, it’s the county where the debtor works.
Fees vary by county and court level. Fulton County Magistrate Court charges $60 for one defendant;7Fulton County Magistrate Court. Garnishments Effingham County charges $95.8Effingham County, GA. Garnishments Call the clerk’s office before you file to confirm. Many counties accept e-filing through PeachCourt or Odyssey; others still want paper. Once the clerk accepts your affidavit, they assign a new case number and issue the summons.
Serve the Garnishee, Then Notify the Debtor
The summons has to be formally delivered to the garnishee before any legal obligation to freeze funds or withhold wages kicks in. Most creditors use the county Sheriff’s office or a court-approved private process server. Sheriff service in Georgia runs around $50 per party served.9Liberty County, GA. Filing Fees and Costs After delivery, the sheriff or server files an Entry of Service with the court.
Then comes a separate step that trips up a lot of filers. Under O.C.G.A. § 18-4-8, within three business days of serving the garnishee, you must send the debtor copies of the affidavit, summons, Notice to Defendant, and Defendant’s Claim Form.6Justia. Georgia Code 18-4-8 – Required Documents and Service Thereof First-class mail combined with statutory overnight delivery to the debtor’s last known address works. Keep the certified mail receipt or carrier tracking confirmation; it goes in the court file. Miss the three-day window and the whole garnishment can be thrown out.
What the Garnishee Owes the Court Next
Once served, the garnishee must file a formal answer disclosing what debtor assets they hold.
For a continuing garnishment, O.C.G.A. § 18-4-42 requires the first answer no sooner than 30 days and no later than 45 days after service, with subsequent answers every 45 days until the garnishment expires or the debt is paid. If the garnishee misses a deadline, the court can enter a default judgment against the garnishee for the full remaining balance of the original judgment.10Justia. Georgia Code 18-4-42 – Filing and Contents of Summons of Continuing Garnishment That provision tends to focus employers’ attention.
For a regular bank garnishment, the bank freezes the funds at the moment of service and files its answer within 45 days.7Fulton County Magistrate Court. Garnishments Only money in the account at the moment of service is captured.
The Debtor’s 20-Day Objection Window
After the garnishee files an answer, the debtor has 20 days to object. Under O.C.G.A. § 18-4-20, if no claim or traverse is filed within that window, the clerk pays the garnished funds to you on application.11Justia. Georgia Code 18-4-20 – Failure to File Claim or Traverse
Two kinds of objection are possible. A claim argues that some or all of the funds are exempt, such as Social Security deposits or retirement distributions. A traverse argues the debt was already paid or the garnishment is otherwise invalid. Either triggers a hearing, typically within about 10 days, where the debtor carries the burden of proof. This is where creditors with sloppy payment records lose. If you’ve been accruing interest without tracking payments cleanly, expect to be challenged.
How Much You Can Actually Pull From Wages
You cannot take everything the debtor earns. Under O.C.G.A. § 18-4-5, the maximum wage garnishment per week is the lesser of 25 percent of disposable earnings or the amount by which disposable earnings exceed $217.50.12Justia. Georgia Code 18-4-5 – Maximum Part of Disposable Earnings Subject to Garnishment “Disposable earnings” means pay after legally required deductions like taxes and Social Security. Voluntary deductions like 401(k) contributions don’t reduce that figure. For pay periods other than weekly, the $217.50 threshold is adjusted proportionally based on 30 hours at $7.25 per hour.
If the judgment arose from a private student loan, the cap drops to 15 percent of disposable earnings.12Justia. Georgia Code 18-4-5 – Maximum Part of Disposable Earnings Subject to Garnishment If the debtor earns near minimum wage, the formula may yield very little, or nothing.
Some funds are off limits entirely. Under O.C.G.A. § 18-4-6, money sitting in a pension, retirement plan, or IRA is exempt while it stays in the account.13Justia. Georgia Code 18-4-6 – Exemption from Garnishment Once distributed to the retiree, the same 25 percent cap applies. Federal law separately shields Social Security benefits, veterans’ benefits, and certain other federal payments from most private creditor garnishments.
Getting Paid and Closing Out
If no objection is filed, or if you win the hearing, the clerk disburses the funds to you.11Justia. Georgia Code 18-4-20 – Failure to File Claim or Traverse In a continuing garnishment, the cycle repeats: the employer keeps deducting, files periodic answers, and you collect each time 20 days pass without a challenge. Track every payment against the running balance. Over-collecting while interest is still accruing is a real risk and can expose you to liability.
When the debt is fully satisfied, file a release of garnishment with the court. That ends the garnishee’s obligation to withhold or freeze funds. If the 179-day period runs out before you’re paid in full, you’ll need to file a brand-new continuing garnishment, with a new affidavit, new filing fee, and new service on the employer.1Justia. Georgia Code 18-4-111 – Property, Money, or Effects Subject to Continuing Garnishment Accurate numbers up front and prompt filings on the back end are what keep the collection moving.