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03 LC 25 2925
House Bill 758
By: Representatives Lane of the 101st, Barnard of the 121st, Post 1, Channell of the 77th, Shaw of the 143rd, Hanner of the 133rd, and others
By: Representatives Lane of the 101st, Barnard of the 121st, Post 1, Channell of the 77th, Shaw of the 143rd, Hanner of the 133rd, and others
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Article 4 of Chapter 4 of Title 18 of the Official
Code of Georgia Annotated, relating to postjudgment garnishment proceedings
generally, so as to change certain provisions relating to right to writ of
garnishment after judgment; to prohibit multiple payment of filing costs or fees
on multiple garnishment actions filed on the same money judgment in the same
court; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Article 4 of Chapter 4 of Title 18 of the Official Code of
Georgia Annotated, relating to postjudgment garnishment proceedings generally,
is amended by striking Code Section 18_4_60, relating to right to writ of
garnishment after judgment, and inserting in lieu thereof the
following:
"18_4_60.
(a) In all cases where a money judgment shall have been obtained in a court of this state or in a federal court sitting in this state, the plaintiff shall be entitled to the process of garnishment.
(b) No clerk of any court of this state shall be authorized to require any deposit of cost or any other filing or service fee as a condition to the filing of a garnishment action authorized under this Code section if at the time of such filing the records of the court show that the plaintiff has paid any such cost or fee upon filing any previous garnishment action in such court on the same money judgment."
"18_4_60.
(a) In all cases where a money judgment shall have been obtained in a court of this state or in a federal court sitting in this state, the plaintiff shall be entitled to the process of garnishment.
(b) No clerk of any court of this state shall be authorized to require any deposit of cost or any other filing or service fee as a condition to the filing of a garnishment action authorized under this Code section if at the time of such filing the records of the court show that the plaintiff has paid any such cost or fee upon filing any previous garnishment action in such court on the same money judgment."
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.