GARNISHEE’S RESPONSIBILITIES

YOUR RESPONSIBILITIES AS GARNISHEE

The Clerk of this court has issued a summons to you directing you, as garnishee, to do what the law requires to withhold money or property belonging to the defendant that is subject to the attached garnishment. You must do the following to comply with the law;

File an answer to the first garnishment no sooner than 30 days but no later than 45 days after service. Your answer must be in writing on the answer form provided and must be accompanied by the money or property subject to garnishment.

Under circumstances in which the defendant has been an employee but is no longer employed by you or your company and in which you, as garnishee, may immediately file an answer. Your answer in this case should be filed no later than 45 days after the date when you were served.

If the garnishee is a bank or other financial institution and the defendant does not have an active account with, and is not the owner of any money or property in possession of, the bank or financial institution, then an answer may be filed immediately but not later than 45 days after the date of service.

EARNINGS SUBJECT TO GARNISHMENT

The most amount that can be garnished from the defendant’s weekly pay is the lesser of:

     25% x $250.00 – $62.50

     30 x current federal minimum wage ($7.25 = $217.50)

Since $62.50 is the lesser of the two figures, $62.50 is deducted from the defendant’s pay.

CONSEQUENCES OF FAILING TO ANSWER SUMMONS OF GARNISHMENT

If you, as garnishee, fail to file an answer with this office within 45 days after you have been served with the summons of continuing garnishment, you shall automatically be in default. You may open default by filing an answer within 15 days of the day of the default and paying all costs.

If the case is still in default after the expiration of the period of 15 days, judgment by default may be entered agaist you at any time for the amount claimed to be due on the judgment obtained against the defendent.

PAYMENTS
Mail all payments to:

Wayne County Clerk of Court
 P.O. Box 920
 Jesup, GA 31598
 Phone:  (912) 427-5930