Summons Of Garnishment Form - Magistrate Court Of Fayette County State Of Georgia Page 2

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ANSWER OF GARNISHEE

GEORGIA, FAYETTE COUNTY

CASE NO. MCC______________

_________________________________________

Plaintiff

_________________________________________

MAGISTRATE COURT OF FAYETTE COUNTY

Defendant

_________________________________________

Garnishee

Comes now the Garnishee above named, and in Answer to Summons of Garnishment served on it, says that at the time of service

of said Summons of Garnishment, the Garnishee owed the Defendant ____________Dollars; said sums admitted to be due were earned

by the Defendant as Hourly, Daily, W eekly, Bimonthly or Monthly wages, at the rate of $____________ per hour, day, week, bimonthly,

or monthly for __________ days, weeks, bimonthly, monthly, and of said sums $_____________ is exempt from process of garnishment

under the laws of Georgia, and $______________ is subject to process of garnishment, and is herewith paid into court.

Garnishee further states: at the time of service of summons, garnishee had in hand no property or effects of the defendant except

__________________________________________________________________________________________________________.

___________________________________________

Garnishee

GEORGIA, FAYETTE COUNTY

Personally appeared ______________________________________, who on oath says that he is ______________________

(Title)

of the Garnishee above named, and as such, his authority to make this Answer, and knows the facts. And that the facts in the foregoing

answer are true.

Sworn to and subscribed before me,

this _______________________________, 20____.

__________________________________________

(Agent)

Clerk, Magistrate Court of Fayette County.

__________________________________________

Notary Public (Seal)

CERTIFICATE OF SERVICE

This is to certify that I have this day served plaintiff or his attorney in the foregoing matter with a copy of this pleading by depositing in the

United States Mail a copy of same in a properly address envelope with adequate postage thereon.

This _______________ day of _______________, 20_____.

Signed _______________________________________Garnishee

IMPORTANT INSTRUCTIONS

1. A nsw er cannot be filed sooner than Thirty (30) days after service of Summons of G arnishment on the G arnishee and no later than Forty-Five (45) days

after date of service of Summons of G arnishment on the G arnishee.

2. File your answ er at the M agistrate C ourt of Fayette C ounty, 1 C enter D rive, R oom 135, Justice C enter, Fayetteville, G A . 30214.

3. If you are not familiar with the G eorgia Law applying in garnishment cases consult your attorney or otherw ise obtain correct information before paying

the D efendant and sum after you have been served w ith this Summons of G arnishment (C ode Title 18).

G arnishee

4. A letter is insufficient, even though the Defendant is not employed by you.

5. A SW O R N A nsw er must be filed.

6. Plaintiff, or their counsel, is the only one w ho can authorize the C ourt to issue a release and relieve you of filing A nsw er to this Summons.

7. Failure of Garnishee to answ er may result in default judgm ent against the garnishee.

************

1. Defendant has Tw enty (20) days from the date of service in w hich to file a petition or request for a hearing to dissolve the garnishment.

2. If you are unfamiliar w ith the Georgia Law s applying to garnishments consult an attorney or otherw ise obtain correct information before proceeding in

this matter. (Code Title 18).

3. File your petition at M agistrate C ourt of Fayette C ounty, 1 C enter D rive, R oom 135, Justice C enter, Fayetteville, G A 30214.

4. Failure to file a petition w ithin Tw enty (20) days after service of Summons will result in a conclusive presum ption that the garnishment w as properly

D efendant

issued.

5. A garnishment against the property and credits of the defendant has been or will be served on the garnishee.