Affidavit of Garnishment State of Georgia

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State:
Georgia
Control #:
GA-S010ST
Format:
Word; 
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Description

This affidavit is used to garnish the wages of a defendant in satisfaction of a judgment rendered in the small claims court of the state of Georgia.
An Affidavit of Garnishment State of Georgia is a sworn written statement that is used to collect a debt from an individual or business. The affidavit is filed with the court and states that the debtor owes money to the creditor. It also requests that the court issue a garnishment order so that the creditor can collect the debt from the debtor. The Affidavit of Garnishment State of Georgia is typically used in two circumstances. The first is when the creditor has obtained a judgment against the debtor; this type of affidavit is known as a Post Judgment Affidavit of Garnishment. The second is when the creditor has not obtained a judgment against the debtor; this type of affidavit is known as a PRE Judgment Affidavit of Garnishment. Both types of Affidavit of Garnishment State of Georgia contain the same basic information, including the name of the creditor, the name of the debtor, the amount of the debt, and the manner in which the funds will be paid to the creditor. In addition, the affidavit must be signed by the creditor and notarized in order to be valid.

An Affidavit of Garnishment State of Georgia is a sworn written statement that is used to collect a debt from an individual or business. The affidavit is filed with the court and states that the debtor owes money to the creditor. It also requests that the court issue a garnishment order so that the creditor can collect the debt from the debtor. The Affidavit of Garnishment State of Georgia is typically used in two circumstances. The first is when the creditor has obtained a judgment against the debtor; this type of affidavit is known as a Post Judgment Affidavit of Garnishment. The second is when the creditor has not obtained a judgment against the debtor; this type of affidavit is known as a PRE Judgment Affidavit of Garnishment. Both types of Affidavit of Garnishment State of Georgia contain the same basic information, including the name of the creditor, the name of the debtor, the amount of the debt, and the manner in which the funds will be paid to the creditor. In addition, the affidavit must be signed by the creditor and notarized in order to be valid.

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FAQ

Affidavit for continuing garnishment is a sworn statement by a plaintiff or his/her attorney or agent requesting the issuance of a summons of continuing garnishment as the defendant is indebted to the plaintiff on a judgment from a particular court and the plaintiff believes that the garnishee is or may be an employer

You can quickly and legally stop creditors from garnishing your earnings by filing for bankruptcy. As soon as you file a petition for Chapter 7 or Chapter 13 bankruptcy, the court will order your creditors to immediately stop all collection activities.

Generally, the wording of the affidavit will be based closely on statements the affiant makes to your lawyer so that they will feel confident signing the finished product. The document must then be signed in front of a notary public.

In Georgia, a creditor can garnish the lesser of 25% of your disposable income or the amount by which your disposable earnings exceed 30% of federal minimum wage. If your disposable income is less than 30 times minimum wage, it cannot be garnished at all.

File the garnishment suit in court; show that the creditor has a judgment against you; serve the bank or the employer via a sheriff or private process server; and, provide you with a copy of the garnishment (but not necessarily through personal service).

O.C.G.A. 9-11-4(h) provides that a return or affidavit reflecting service on a defendant shall be made and filed within 5 business days of service on the defendant.

There are two types of garnishment: Continuing garnishment - The employer will deduct from the defendant's wages for approximately 179 days (or six months) provided the defendant makes wages which are subject to garnishment. garnishment deductions are based on the employee's net pay.

Under the Official Code of Georgia (OCGA) 9-14-48, affidavits are documents that contain statements that are sworn to be true. The person who gives the affidavit, known as the ?affiant,? takes an oath that the statements are accurate before signing.

More info

Complete the Defendant's Claim Form as set forth below; and. 2. ( ) Check if the Garnishee is a financial institution.Affidavit of Garnishment. 2. Summons of Garnishment. 3. The Clerk of Magistrate Court provides forms required for filing and serving of Continuing Garnishment (PDF) or Regular Garnishment (PDF). Find all the court forms you are looking for here! From information request forms, to subpoena forms, and any other dispossessory or garnishment forms. Ashley Street, Second Floor, Lowndes County Magistrate Court, Valdosta, Georgia 31603. TitleSizeDownloadAbandoned Motor Vehicle Order29. 96 KBDownloadPreviewAffidavit for Judgment on Consent Order58.

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Affidavit of Garnishment State of Georgia