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O.C.G.A. § 18-4-25

Release of summons of garnishment; release of garnish- ment

Code 1981, § 18-4-25, enacted by Ga

(a) A release of a summons of garnishment:

(1) Shall relieve the garnishee from any obligation to file a garnishee answer to any summons of garnishment pending on the date of the release and shall authorize the garnishee to pay or deliver to the defendant any money or other property in the garnishee’s

possession belonging to the defendant; and

(2) Shall not operate as a dismissal of the garnishment proceeding.

(b) It shall be the duty of the clerk of the court in which garnishment proceedings are pending to issue a release of garnishment if:

(1) The plaintiff or the plaintiffs attorney requests a release in

writing;

(2) The amount shown to be due on the plaintiffs affidavit of garnishment together with the costs of the garnishment proceeding

are paid into court;

(3) A judge enters an order, after a hearing required by this chapter, directing that the garnishment be released; or

(4) The garnishment is dismissed.

(c) The form for a release of garnishment is set forth in Code Section

18-4-89.

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.