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SB 19 - Garnishment - filing of answers, behalf of corporate garnishees

Cheeks, Donald E (23rd)	Walker, Charles W (22nd)

Status Summary	SC:	B&FI	HC:	Judy	FR:	01/14/99	LA:	02/04/99	H - Read 2nd Time (CS )

First Reader Summary

A bill to amend Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, so as to provide that the filing of certain answers on behalf of corporate garnishees shall not constitute the practice of law and may be done by corporate officers or employees; to provide that delivery to the court of money or property admitted to be subject to garnishment may likewise be accomplished through a corporate officer or employee.

Code Sections - 18-4-8/ 18-4-111

SB 19  99                                         LC 21 5241S 
                                                       (SCS) 
      SENATE BILL 19 
 
      By:  Senators Cheeks of the 23rd and Walker of the 22nd 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 4 of Title 18 of the Official Code of 
  1- 2  Georgia Annotated, relating to garnishment proceedings, so 
  1- 3  as to provide that the filing of certain answers on behalf 
  1- 4  of corporate garnishees shall not constitute the practice of 
  1- 5  law and may be done by corporate officers or employees; to 
  1- 6  provide that delivery to the court of money or property 
  1- 7  admitted to be subject to garnishment may likewise be 
  1- 8  accomplished through a corporate officer or employee; to 
  1- 9  provide that such garnishments shall cover property acquired 
  1-10  by the garnishee from the time of service to the time all 
  1-11  debts to the plaintiff are satisfied; to provide for related 
  1-12  matters; to provide an effective date; to repeal conflicting 
  1-13  laws; and for other purposes. 
 
  1-14       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-15                           SECTION 1. 
 
  1-16  Chapter 4 of Title 18 of the Official Code of Georgia 
  1-17  Annotated, relating to garnishment proceedings, is amended 
  1-18  by adding at the end of Article 1, relating to garnishment 
  1-19  in general, a new Code Section 18-4-8 to read as follows: 
 
  1-20    "18-4-8. 
 
  1-21    When proceedings are filed under any provision of this 
  1-22    chapter involving a corporation as garnishee, the 
  1-23    execution and filing of an answer shall not constitute the 
  1-24    practice of law and may be done by an officer or employee 
  1-25    of the corporation otherwise authorized to act for the 
  1-26    corporation.  The corporation's payment into court of any 
  1-27    money or property or money and property which is admitted 
  1-28    to be subject to garnishment likewise shall not constitute 
  1-29    the practice of law and may also be done by an authorized 
  1-30    officer or employee of the corporation." 
 
  1-31                           SECTION 2. 
 
  1-32  Said chapter is further amended in Code Section 18-4-66, 
  1-33  relating to forms for postjudgment garnishment, by striking 
 
 
 
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  2- 1  from paragraph (4) the language below the signature line in 
  2- 2  the form for answer of garnishee, which language reads as 
  2- 3  follows: 
 
  2- 4    "Garnishee or his attorney at law", 
 
  2- 5  and inserting in its place the following new language: 
 
  2- 6    "Garnishee, garnishee's attorney, or officer or agent of a 
  2- 7    corporate garnishee." 
 
  2- 8                           SECTION 3. 
 
  2- 9  Said chapter is further amended by striking in its entirety 
  2-10  Code Section 18-4-111, relating to property, money, or 
  2-11  effects subject to continuing garnishment, and inserting in 
  2-12  lieu thereof the following: 
 
  2-13    "18-4-111. 
 
  2-14    (a) All debts owed by the garnishee to the defendant at 
  2-15    the time of service of summons of continuing garnishment 
  2-16    upon the garnishee and all debts accruing from the 
  2-17    garnishee to the defendant from such date of service to 
  2-18    and including the one hundred seventy-ninth day thereafter 
  2-19    until all such debts are fully satisfied shall be subject 
  2-20    to process of continuing garnishment; and no payment made 
  2-21    by the garnishee to the defendant or to his or her order 
  2-22    or by any arrangement between the defendant and the 
  2-23    garnishee after the date of the service of the summons of 
  2-24    continuing garnishment upon the garnishee shall defeat the 
  2-25    lien of such garnishment. 
 
  2-26    (b) All property, money, or effects of the defendant in 
  2-27    the possession or control of the garnishee at the time of 
  2-28    service of the summons of continuing garnishment upon the 
  2-29    garnishee or coming into the possession or control of the 
  2-30    garnishee at any time from the date of such service to and 
  2-31    including the one hundred seventy-ninth day thereafter 
  2-32    until all such debts are fully satisfied shall be subject 
  2-33    to process of continuing garnishment, except in the case 
  2-34    of collateral securities in the hands of a creditor. Such 
  2-35    securities shall not be subject to continuing garnishment 
  2-36    so long as there is an amount owed on the debt for which 
  2-37    such securities were given as collateral. 
 
  2-38    (c) Notwithstanding this Code section, the exemptions from 
  2-39    garnishment required or allowed by law, including, but not 
  2-40    limited to, exemptions provided by Code Sections 18-4-20 
 
 
 
 
                                 -2- 
 
 
 
  3- 1    and 18-4-22, shall be applicable to a continuing 
  3- 2    garnishment." 
 
  3- 3                           SECTION 4. 
 
  3- 4  Said chapter is further amended by striking in its entirety 
  3- 5  subsection (c) of Code Section 18-4-112, relating to filing 
  3- 6  and contents of affidavit for continuing garnishment, 
  3- 7  issuance of summons of continuing garnishment generally, and 
  3- 8  notice and service of summons, and inserting in lieu thereof 
  3- 9  the following: 
 
  3-10    "(c) The plaintiff, using either forms provided by the 
  3-11    court or forms prepared by himself or herself, shall cause 
  3-12    forms sufficient for seven answers to a summons of 
  3-13    continuing garnishment to be served on the garnishee along 
  3-14    with the summons. The garnishee shall be responsible for 
  3-15    providing forms for additional answers." 
 
  3-16                           SECTION 5. 
 
  3-17  Said chapter is further amended in Code Section 18-4-118, 
  3-18  relating to forms for continuing garnishment, by striking 
  3-19  from paragraph (3) the language below the signature line in 
  3-20  the form for answer of garnishee, which language reads as 
  3-21  follows: 
 
  3-22    "Garnishee or his attorney at law", 
 
  3-23  and inserting in its place the following new language: 
 
  3-24    "Garnishee, garnishee's attorney, or officer or agent of a 
  3-25    corporate garnishee." 
 
  3-26                           SECTION 6. 
 
  3-27  This Act shall become effective upon its approval by the 
  3-28  Governor or upon its becoming law without such approval. 
 
  3-29                           SECTION 7. 
 
  3-30  All laws and parts of laws in conflict with this Act are 
  3-31  repealed. 
 
 
 
 
 
 
 
 
 
 
 
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