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O.C.G.A. § 18-4-20

Failure to file claim or traverse in timely manner

Applied in 5 court decisions — leading case MacKey v. Lanier Collection Agency & Service, Inc. (1988)

Most recently applied in 114 F. Supp. 3d 596 - Johnson v. Blitt & Gaines, P.C. (July 2015)

Code 1981, § 18-4-20, enacted by Ga

How often courts cite this section

1988199020002010201510
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) When no claim has been filed and no traverse has been filed within 20 days after the garnishee’s answer is filed:

(1) If money is paid or delivered to the court by the garnishee, the

clerk of the court shall pay the money to the plaintiff or the plaintiffs attorney upon application, and the garnishee shall be automatically discharged from further liability with respect to the summons of garnishment so answered;

(2) If property is delivered to the court by the garnishee, the sheriff, marshal, constable, or like officer of the court shall sell the property in the manner provided by law for the sale of property levied under an execution, and the garnishee shall be automatically discharged from further liability with respect to the summons of garnishment so answered. The proceeds of such sale shall be paid or delivered to the plaintiff or the plaintiffs attorney upon application; or

(3) If money or other property admitted to be subject to the garnishment is not paid or delivered to the court, judgment shall be

entered for the plaintiff and against the garnishee for such money or

other property and execution shall issue on the judgment.

(b) The application described under paragraphs (1) and (2) of subsection (a) of this Code section may be made at any time concurrent with, or following the filing of the garnishment action, and need only be made once in any such action regardless of the number of answers filed.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.