IN THE SUPERIOR COURT OF TROUP COUNTY

STATE OF GEORGIA

Plaintiff

Address

E-Mail Address

Phone Number	Bar #

Vs	Civil Action No.

Defendant

Garnishment Court Information:

Address	100 Ridley Avenue

LaGrange, Georgia 30240

Garnishee	706-883-1740

Address

SUMMONS OF CONTINUING GARNISHMENT FOR SUPPORT

GOVERNED BY ARTICLE 3 OF CHAPTER 4 OF TITLE 18

TO THE ABOVE-NAMED GARNISHEE:

Total amount claimed due by the Plaintiff	$0.00

Plus court cost due on this summons	$

Total garnishment claim	$0.00

Court of Judgment TROUP County Error! Reference source not found. Court

Judgment Case No. Error! Reference source not found.

YOU ARE HEREBY COMMANDED to immediately hold all money, including wages, and other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant named above beginning on the day of service of this summons until the original arrearage is retired and all periodic support payments are current or until the termination of the garnishment. You are FURTHER COMMANDED to file your answer, in writing, not later than 45 days from the date you were served with this summons, with the Clerk of this Court and serve a copy of your answer upon the Plaintiff or Plaintiff's Attorney named above and the Defendant named above, or the Defendant's Attorney, if known, at the time of making such answer. Your answer shall state what money, including wages, or other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant you hold or owe beginning on the day of service of this summons and between the time of such service and the time of making your first answer. Thereafter, you are required to file further answers no later than 45 days after your last answer. Every further answer shall state what money, including wages, and other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant you hold or owe at and from the time of the last answer to the time of the current answer. YOU MUST FILE ADDITIONAL ANSWERS UNTIL THE ORIGINAL ARREARAGE IS RETIRED AND ALL PERIODIC SUPPORT PAYMENTS ARE CURRENT. Money, including wages, or other property admitted in an answer to be subject to continuing garnishment must be paid or delivered to the Court concurrently with each answer. The Plaintiff and the Defendant are required by law to serve you with a copy of any amendment or modification to the original judgment.

Should you fail to file Garnishee Answers as required by this summons, a judgment by default will be rendered against you for the amount remaining due on a judgment as shown in the Plaintiff's Affidavit of Continuing Garnishment.

WITNESS the HONORABLE Judge of said Court, This This day of , 2016.

Jackie W. Taylor, Clerk of Court

By:____________________________________Deputy Clerk

Superior Court of Troup County

IN THE SUPERIOR COURT OF TROUP COUNTY

STATE OF GEORGIA

123

Plaintiff

VS	Civil Action No.

Defendant

Garnishee

ATTACHMENT FOR SUMMONS OF CONTINUING GARNISHMENT FOR SUPPORT

Other known names of the Defendant:

Current and past addresses of the Defendant:

Social security number or federal tax identification number of the Defendant:

THIS PLEADING SHALL NOT BE FILED WITH THE COURT

IN THE SUPERIOR COURT OF TROUP COUNTY

STATE OF GEORGIA

123

Plaintiff

Address

E-Mail Address

Phone Number	Bar #

Vs	Civil Action No.

Defendant	Garnishment Court Information:

Address	100 Ridley Avenue

LaGrange, Georgia 30240

Garnishee	706-883-1740

Address

AFFIDAVIT OF CONTINUING GARNISHMENT FOR SUPPORT

Personally appeared (Print Name) Affiant's name who on oath says:

I am the Plaintiff Attorney for Plaintiff Agent for Plaintiff.

The Plaintiff obtained a judgment against the Defendant in Case Number_____________, in the_____________, Court of TROUP, County, Georgia State, and no agreement requires forbearance from garnishment which is applied for currently.

The Affiant states that the Defendant is in arrears on the obligation for support in an amount equal to or in excess of one month's obligation as decreed in the judgment for support and provides the following information:

$0.00 is the amount of arrearage which exists under the judgment as of the execution of this affidavit.

Check one of the boxes below and complete the requested information:

A. Periodic support is owed for one obligee, or the judgment sets forth a total amount of periodic support for multiple obligees as follows:

$ is the total amount of periodic support due for (Name of obligee)

(Name of obligee), and (Name of obligee). Such periodic support is payable on a basis(E.g., weekly, monthly).

The termination date of the obligation for periodic support is (Date).

B. Periodic support is owed for multiple obligees, and the judgment sets forth a different amount of periodic support for each obligee as follows:

$ is the total amount of periodic support due for (Name of obligee), payable on a (weekly/monthly) basis, and the termination date of such obligation is .

$ is the total amount of periodic support due for (Name of obligee), payable on a (weekly/monthly) basis, and the termination date of such obligation is .

$ is the total amount of periodic support due for (Name of obligee), payable on a (weekly/monthly) basis, and the termination date of such obligation is .

Check this box and attach a certified copy of the judgment for support hereto.

Upon the Affiant’s personal knowledge or belief, the sum stated herein is unpaid.

The Affiant believes that the Garnishee is an employer of the Defendant.

This_________________________.

___________________________________________

Affiant

Sworn to and Subscribed Before Me,

This___________________________.

_______________________________

Notary Public or Deputy Clerk

IN THE SUPERIOR COURT OF TROUP COUNTY

STATE OF GEORGIA

123

Plaintiff

VS	Civil Action No.

Defendant

Garnishee

CERTIFICATE OF SERVICE OF NOTICE TO DEFENDANT OF RIGHT

AGAINST GARNISHMENT OF MONEY, INCLUDING WAGES, AND OTHER PROPERTY

This is to certify that I have this day served the Defendant in the foregoing matter with a copy of the garnishment summons and affidavit, together with Notice to Defendant of Right Against Garnishment of Money, Including Wages and Other Property, and a copy of the Defendant’s Claim Form as required in Georgia Code Annotated, Section 18-4-8(a), by:

depositing in the United States Mail pursuant to OCGA 18-4-8(b)(1)(A) or (C)

or

personal service pursuant to OCGA 18-4-8(b)(1)(B).

This day of , 2016.

_____________________________________________

(Agent for) Plaintiff

Sworn to and Subscribed Before Me,

This day of , 2016.

________________________________

Notary Public or Deputy Clerk

IN THE SUPERIOR COURT OF TROUP COUNTY

STATE OF GEORGIA

123

Plaintiff

Address

E-Mail Address

Phone Number	Bar #

Vs	Civil Action No.

Defendant	Garnishment Court Information:

Address	100 Ridley Avenue

LaGrange, Georgia

Garnishee	706-883-1740

Address

NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT

OF MONEY, INCLUDING WAGES, AND OTHER PROPERTY

You received this notice because money, including wages, and other property belonging to you have been garnished to pay a court judgment against you. HOWEVER, YOU MAY BE ABLE TO KEEP YOUR MONEY, INCLUDING WAGES, OR OTHER PROPERTY. READ THIS NOTICE CAREFULLY.

State and federal law protects some money, including wages, from garnishment even if it is in a bank. Some common exemptions are benefits from social security, supplemental security income, unemployment, workers' compensation, the Veterans' Administration, state pension, retirement funds, and disability income. This list of exemptions does not include all possible exemptions. A more detailed list of exemptions is available at the Clerk of Court's office located at the above address, and on the website for the Attorney General (www.law.ga.gov).

Garnishment of your earnings from your employment is limited to the lesser of 25 percent of your disposable earnings for a week or the amount by which your disposable earnings for a week exceed $217.00. More than 25 percent of your disposable earnings may be taken from your earnings for the payment of child support or alimony or if a Chapter 13 bankruptcy allows a higher amount.

TO PROTECT YOUR MONEY, INCLUDING WAGES, AND OTHER PROPERTY

FROM BEING GARNISHED, YOU MUST:

1. Complete the Defendant's Claim Form as set forth below; and

2. File this completed claim form with the Clerk of Court's office located at the above address.

FILE YOUR COMPLETED CLAIM FORM AS SOON AS POSSIBLE. You may lose your right to claim an exemption if you do not file your claim form within 20 days after the Garnishee's Answer is filed or if you do not mail or deliver a copy of your completed claim form to the Plaintiff and the Garnishee at the addresses listed on this notice.

The Court will schedule a hearing within ten days from when it receives your claim form. The Court will mail you the time and date of the hearing at the address that you provide on your claim form. You may go to the hearing with or without an attorney. You will need to give the Court documents or other proof that your money is exempt.

The Clerk of Court cannot give you legal advice. IF YOU NEED LEGAL ASSISTANCE, YOU SHOULD SEE AN ATTORNEY. If you cannot afford a private attorney, legal services may be available.

DEFENDANT'S CLAIM FORM

Case No.

I CLAIM EXEMPTION from garnishment. Some of my money or property held by

the garnishee is exempt because it is: (check all that apply)

1. Social security benefits.

2. Supplemental security income benefits.

3. Unemployment benefits.

4. Workers' compensation.

5. Veterans' benefits.

6. State pension benefits.

7. Disability income benefits.

8. Money that belongs to a joint account holder.

9. Child support or alimony.

10. Exempt wages, retirement, or pension benefits.

11. Other exemptions as provided by law.

Explain: .

.

I further state: (check all that apply)

1. The Plaintiff does not have a judgment against me.

2. The amount shown due on the Plaintiff's Affidavit of Garnishment is incorrect.

3. The Plaintiff's Affidavit of Garnishment is untrue or legally insufficient.

Send the notice of the hearing on my claim to me at:

Address: .

Phone Number: .

E-mail Address: .

The statements made in this claim form are true to the best of my knowledge and belief.

________________________________	_______________________________,20____

Defendant's signature	Date

.

Print name of Defendant

CERTIFICATE OF SERVICE

This is to certify that I have this day served the Plaintiff or Plaintiff’s Attorney and the Garnishee in the foregoing matter with a copy of this pleading by depositing it in the United States Mail in a properly addressed envelope with adequate postage thereon.

This ______ day of _______________, 20___.

_______________________________________

Defendant or Defendant’s Attorney

IN THE SUPERIOR COURT OF TROUP COUNTY

STATE OF GEORGIA

123

Plaintiff

Vs	Civil Action No.

Defendant

Garnishee

GARNISHEE ANSWER TO CONTINUING GARNISHMENT

1. From the time of service of the Summons of Continuing Garnishment, if this is the first Garnishee Answer to such summons, otherwise from the time of the last Garnishee Answer to the Summons of Continuing Garnishment until the time of this Garnishee Answer, the Garnishee had in the Garnishee's possession the following described property of the Defendant:

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________.

2. From the time of service of the Summons of Continuing Garnishment, if this is the first Garnishee Answer to such summons, otherwise from the time of the last Garnishee Answer to the Summons of Continuing Garnishment until the time of this Garnishee Answer, all obligations accruing from the Garnishee to the Defendant are in the amount of $___________.

3. $___________ of the amount named in paragraph 2 were wages earned at the rate of $____________ per __________ for the period beginning ________________, 20____, through the time of making this Garnishee Answer. The amount of wages which is subject to this garnishment is computed as follows:

$ _________ Gross earnings

$ _________ Total social security and withholding tax and other mandatory deductions required by law.

$ _________ Total disposable earnings.

$ _________ Amount of wages subject to garnishment.

4. $ ________ is the amount herewith paid into court.

5. Check if the Defendant is not presently employed by the Garnishee.

6. Check if the Defendant was employed by the Garnishee on or after service of the Summons of Continuing Garnishment but was terminated as of _________________, 20____.

7. Check if this is the last Garnishee Answer this Garnishee is required to file to the presently pending Summons of Garnishment in the above-styled case.

8. The Garnishee further states: _________________________________________________________________________.

Signed ____________________________________________

Garnishee,

Garnishee’s Attorney, or

Officer or Employee of Garnishee

CERTIFICATE OF SERVICE

This is to certify that I have this day served the Plaintiff or Plaintiff's Attorney and the Defendant or Defendant's Attorney in the foregoing matter with a copy of this pleading by depositing it in the United States Mail in a properly addressed envelope with adequate postage thereon.

This _________ day of ________________________, ____________.

Signed ____________________________________________

Garnishee,

Garnishee’s Attorney, or

Officer or Employee of Garnishee

IN THE SUPERIOR COURT OF TROUP COUNTY

STATE OF GEORGIA

123

PLANTIFF

Vs	CIVIL ACTION FILE NO.

DEFENDANT

GARNISHEE

REQUEST FOR PAYMENT OF FUNDS

Now comes the Plaintiff in the above and foregoing case and states that no claim has been filed and no traverse has been filed within 20 days of the funds being delivered by the above Garnishee and request that the funds in the amount of ($_________) paid into the court on _____________ and now held by the Court, be paid to (name check to be payable to) in accordance with O.C.G.A. §18-4-20(1).

x________________________________________

Title Plaintiff/Plaintiff's Attorney

Address: _________________________________

_________________________________

_________________________________

_________________________________