Regular Garnishment Procedures in Magistrate Court of Clayton County

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Please refer to O.C.G.A. §18-4-60 to 18-4-66 for a complete explanation of Regular Garnishment Procedures.

Forms Needed:

1. Affidavit (one original needed): All information must be completed. Form should be notarized (including the notary's expiration date) or sworn to before an officer of the Court.
2. Garnishee's Summons and Answer Form (one original needed): All information on the top of the page should be completed.
3. Defendant's Copy of Summons (one original needed): All information on the top of the page should be completed.
4. Sheriff's Entry of Service (an original for each party to be served by the Sheriff's Department): Information on both parties should be completed.

Filing Fees:

Garnishments are $97.00 if the Clayton County Sheriff's Department is to serve only the Garnishee. Garnishments are $147.00 if the Defendant and the Garnishee are both to be served by Clayton County Sheriff's Department. (Include a completed Sheriff's Entry of Service form for each party to be served.)

The Service copy of the Garnishment for the Defendant will be returned to the Plaintiff or the Attorney for the Plaintiff unless the Deputy Sheriff is to serve the defendant. A self-addressed, stamped envelope is required for this purpose.

Garnishment Funds:

Monies being held on garnishments may be disbursed by submitting an application to condemn the funds. The Clerk's office must be provided with proof of service on Defendant (including case number) by: Certified Mail (Either the returned receipt card or the unclaimed letter which was mailed to the Defendant), Affidavit of Compliance, or Certification of Personal Service by Deputy Sheriff, Attorney, Plaintiff or Agent per (O.C.G.A. §18-4-64). No money will be disbursed unless the foregoing procedures are completed in their entirety. Monies are held for 15 days before disbursing.

The office of the Clerk of Magistrate Court is an administrative office charged with the duties of receiving and filing papers required to be filed with the Clerk and collecting required filing fees. In many cases, collecting a judgment is harder than proving your case in court. You should consult an attorney or a collection agency if you have questions. No member of this office is qualified or licensed to practice law. State law forbids any person other than a duly licensed attorney at law to render or furnish legal services or advice. Therefore, no one in this office will be able to guide you through the process.