Affidavit for Continuing Garnishment Law and Legal Definition
Affidavit for continuing garnishment is a sworn statement by a plaintiff or his/her attorney or agent requesting the issuance of a summons of continuing garnishment as the defendant is indebted to the plaintiff on a judgment from a particular court and the plaintiff believes that the garnishee is or may be an employer of the defendant and subject to continuing garnishment. Upon the filing of the affidavit with the clerk of any court having jurisdiction over the garnishee, the clerk shall cause a summons of continuing garnishment to be issued.
There are state specific laws on garnishment.
The following is an example of a state statute (Georgia) on affidavit for continuing garnishment:
O.C.G.A. § 18-4-61; Affidavit for issuance of summons of garnishment; making and approval of affidavit
The plaintiff, the plaintiff's attorney at law, or the plaintiff's agent shall make, on personal knowledge, an affidavit setting forth that the plaintiff has a judgment against a named defendant, the amount claimed to be due on the judgment, the name of the court which rendered the judgment, and the case number thereof. Upon the filing of the affidavit with the clerk of any court having jurisdiction over the garnishee, the clerk shall cause a summons of garnishment to issue forthwith; provided, however, that the affidavit shall first be made and be approved as containing the information required by this Code section in one of the following ways:
(1) The affidavit may be made before and approved by a judge of the court in which the garnishment proceeding is filed;
(2) The affidavit may be made before and approved by a judge of the court that rendered the judgment upon which the garnishment is based;
(3) The affidavit may be made before and approved by a judge of any court of record;
(4) The affidavit may be made before any officer authorized to administer oaths, including a notary public, provided that the affidavit is then submitted by mail or in person to any judge of a court specified in paragraph (1), (2), or (3) of this Code section and is approved by him; or
(5) The affidavit may be made before the clerk or deputy clerk of the court in which the garnishment is filed or before any officer authorized to administer oaths, including a notary public, and may be approved by the clerk or deputy clerk if the judge or judges of the court promulgate rules supervising the initiation of the garnishment proceedings and the affidavit is made and approved pursuant to such rules. No court rule or practice shall preclude a plaintiff from proceeding pursuant to paragraph (1), (2), (3), or (4) of this Code section.
O.C.G.A. § 18-4-112 ;Filing and contents of affidavit for continuing garnishment; issuance of summons; notice and service of summons.
(a) In addition to the information required by Code Section 18-4-61, an affidavit for continuing garnishment shall state that the plaintiff believes that the garnishee is or may be an employer of the defendant and subject to continuing garnishment and shall request that a summons of continuing garnishment shall issue. Upon the filing of the affidavit with the clerk of any court having jurisdiction over the garnishee, the clerk shall cause a summons of continuing garnishment to issue forthwith, provided that the affidavit shall first be made and approved as containing the information required by Code Section 18-4-61 and by this Code section in one of the ways provided for in Code Section 18-4-61.
(b) Only one summons of continuing garnishment may issue on one affidavit for continuing garnishment, and the defendant shall be given notice of the issuance of the summons using any method provided for in Code Section 18-4-64.
(c) The plaintiff, using either forms provided by the court or forms prepared by himself, shall cause forms sufficient for seven answers to a summons of continuing garnishment to be served on the garnishee along with the summons.
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