SUMMONS OF CONTINUING GARNISHMENT MAGISTRATE COURT OF CLAYTON COUNTY Georgia, Clayton County GARNISHMENT CASE NUMBER Plaintiff’s Attorney or Plaintiff’s Address: Plaintiff VS. Name Phone No. Defendant Address Address NOTICE TO DEFENDANT 1. $ is total claimed due. 2. Judgment was obtained in Court of County. is the Case Number. 3. 4. A garnishment against the property and credit of the Defendant has been or will be served on the above named garnishee. TO: Garnishee Address YOU ARE HEREBY COMMANDED to hold immediately all property, money, wages, except what is exempt, belonging to the Defendant, and file an answer in writing with the Magistrate Court of Clayton County pursuant to the following requirements: (1) Garnishee is required to file a first answer no later than the forty-fifth day after service of summons of continuing garnishment, which answer shall state what property, money, or effects of the Defendant are subject to continuing garnishment at such time of service and all debts accruing from the Garnishee to the Defendant through and including the day of the first answer. (2) Garnishee is required to file further answers for the remaining period covered by the summons of continuing garnishment. Such further answers shall be filed no later than forty-five (45) days after the previous answer date. Such further answers shall state what property, money, or other effects of the Defendant are subject to continuing garnishment from the previous answer date through and including the date on which that next answer is filed. No subsequent answers shall be required on a summons of continuing garnishment from the previous answer date to and including the one hundred seventy-ninth day after service of summons of continuing garnishment. Such last answer shall be filed no later than the one hundred ninety-fifth day after service. “Previous answer date” means the date upon which the immediately preceding answer was filed to the summons of continuing garnishment. (3) Garnishee is required to accompany all such answers with any property, money, or other effects of the Defendant admitted in the answer to be subject to continuing garnishment. Failure to comply with the above requirements may result in a judgment against the garnishee for the entire amount claimed due on the judgment against the Defendant. WITNESS THE HONORABLE JUDGES OF THIS COURT. This day of , 20 . CLERK, MAGISTRATE COURT OF CLAYTON COUNTY IMPORTANT INSTRUCTIONS TO GARNISHEE: 1. Answer cannot be filed later than forty-five (45) days after the date of service of Summons of Garnishment on the Garnishee. You are required to file further answers no later than forty-five (45) days after your last answer. 2. File your Answer in writing with the Clerk, Magistrate Court, Clayton County Justice Center, 9151 Tara Blvd., Jonesboro, Georgia 30236-4912. 3. If you are not familiar with the Georgia Law applying in garnishment cases, consult your attorney, or otherwise obtain correct information, before paying the Defendant any sum after you have been served with this Summons of Garnishment. 4. A letter is insufficient, even though the Defendant is not employed by you. 5. Plaintiff, or their attorney, are the only ones who can authorize the Court to issue a Release, and relieve you of filing an Answer to this Summons. 6. Failure to file an answer may result in a default judgment being entered against the Garnishee for the amount claimed by Plaintiff against Defendant plus court costs. 7. Georgia law requires that the garnishee must mail a copy of their answer to the Plaintiff or Plaintiff’s attorney. A certificate of service is provided on the answer. MAGISTRATE COURT OF CLAYTON COUNTY ANSWER #1 OF GARNISHEE 1. From the time of service of this summons or since the date of the last answer, all debts accruing from the garnishee to the Defendant are $ . 2. The Defendant is paid wages at the rate of $ per for the period beginning 20 , through the time of making this answer. The amount of wages which are subject to the garnishment is computed as follows: $ Gross Earnings $ Total F.I.C.A., State & Federal Taxes $ Total Disposable Earnings $ Amount herewith paid into Court 3. Garnishee further states that since the time of service of this summons or since the date of the last answer there has come in the possession of the garnishee no property or effects of the Defendant except: . 4. ( )If checked, Defendant is not employed by garnishee and termination date was . 5. ( )If checked, this is the last answer this garnishee is required to file to the presently pending summons of continuing garnishment in the above styled case. Signed: Garnishee CERTIFICATE OF SERVICE This is to certify that I have this day served the Plaintiff or Plaintiff’s attorney with a copy of this answer with a copy of this answer by depositing a copy of same in the United States Mail in a property addressed envelope with adequate postage thereon. This day of 20 . 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