Georgia > Local County > Cobb > Magistrate Court
Summons And Answer Of Garnishment 5 - Georgia
| Summons And Answer Of Garnishment Form. This is a Georgia form and can be used in Magistrate Court Cobb Local County . |
|
||||||
 Get this form for FREE as a print-only pdf |
|||||||
|
IN THE MAGISTRATE COURT OF COBB COUNTY STATE OF GEORGIA ______________________________________________ Plaintiff Garnishment Case No. ___________________ vs. xx xxx __________ Defendant's Soc-Sec # Plaintiff or Plaintiff's Attorney: Name Bar No.____________ ______________________________________________ Defendant __________________________________________ __________________________________________ Address TO: ________________________________, Garnishee ______________________________________________ Address __________________________________________ City State Zip __________________________________________ Phone Number ______________________________________________ City State Zip SUMMONS OF GARNISHMENT TO GARNISHEE: YOU ARE HEREBY COMMANDED to hold immediately all property, money, wages, except what is exempt, belonging to the defendant, or debts owed to the defendant named above at the time of service of this summons and between the time of service of this summons and the time of making your garnishee answer. Not sooner than 30 days but not later than 45 days after you are served with this summons, you are commanded to file your garnishee answer in writing with the Clerk of this Court and serve a copy upon the plaintiff or the plaintiff attorney named above. Money or other property subject to this Summons should be delivered to the Court with your garnishee answer. Should you fail to file a garnishee answer to this summons, a judgment will be rendered against you for the amount the plaintiff claims due by the defendant. WITNESS the HONORABLE JUDGES of this Court. This ______ day of ____________________________, 20_______. $___________________________________________ Principal $___________________________________________ Interest $___________________________________________ Attorney Fees $___________________________________________ Cost $___________________________________________ Garnishment Cost $___________________________________________ Total ________________________________________________ Deputy Clerk, Magistrate Court of Cobb County ANSWER OF GARNISHMENT 1. At the time of service or from the time of service to the time of this garnishee answer, garnishee has in its possession the following described property of defendant: ________________________________________________________________________. 2. At the time of service or from the time of service to the time of this garnishee answer, add debt accruing from garnishee to defendant is in the amount of $___________________________________________. 3. $ ________________ of the amount named in paragraph 2, was wages earned at the rate of $_____________ per___________ for the period beginning _____________________, 20________, through the time of making this answer. The amount of wages which is subject to the garnishment is computed as follows: $______________________________________ Gross Earnings $______________________________________ Total Social Security and withholding tax $______________________________________ Total disposable earnings $______________________________________ Amount of Wages subject to garnishment $______________________________________ Amount herewith paid into court 4. Garnishee further states: _______________________________________________ ____________________________________ Garnishee CERTIFICATE OF SERVICE This is to certify that I have this day served plaintiff or plaintiff attorney in the foregoing matter with a copy of this pleading by depositing in the United States Mail a copy of same in a properly addressed envelope with adequate postage thereon. This __________day of ____________________, 20_______. Form 5 ____________________________________ Garnishee American LegalNet, Inc. www.FormsWorkFlow.com (See reverse side for important instructions) IMPORTANT INSTRUCTIONS GARNISHEE 1. Garnishee's answer cannot be filed sooner than thirty (30) days after the date of service of Summons of Garnishment on the garnishee and no later than forty-five (45) days after the date of service of Summons of Garnishment on the Garnishee. 2. File your answer at the Cobb County Magistrate Court, 32 Waddell Street, 3rd floor, Public Safety Building, Marietta, Georgia 30090-9656. 3. If you are not familiar with the Georgia Law applying in garnishment cases, consult your attorney, or otherwise obtain correct information before paying the defendant any sum after you have been served with this Summons of Garnishment. 4. An answer must be filed. 5. A letter is insufficient, even though the defendant is not employed by you. 6. Plaintiff, or their counsel, is the only one who can authorize the court to issue a release and relieve you of filing an answer to this summons. 7. Failure of garnishee to answer may result in a judgment against the garnishee. --------------------------------------------------------------------- DEFENDANT 1. Defendant has twenty (20) days from the date of service in which to file a petition or request for a hearing to dissolve the garnishment. 2. If you are unfamiliar with the Georgia Law applying to garnishments, consult an attorney, or otherwise obtain correct information before proceeding in this matter. 3. File your petition at the Cobb County Magistrate Court, 32 Waddell Street, 3rd floor, Public Safety Building, Marietta, Georgia 30090-9656. 4. Failure to file a petition within twenty (20) days after service of Summons will result in a conclusive presumption that the garnishment was properly issued. 5. A garnishment against the property and credits of the defendant has been or will be served on the garnishee. Mail Completed Form To: Cobb County Magistrate Court 32 Waddell Street, 3rd floor, Public Safety Building Marietta, Georgia 30090-9656 (770) 528-6989 American LegalNet, Inc. www.FormsWorkFlow.com IN THE MAGISTRATE COURT OF COBB COUNTY STATE OF GEORGIA DEFENDANT'S COPY ______________________________________________ Plaintiff Garnishment Case No. ___________________ vs. xx xxx __________ Defendant's Soc-Sec # Plaintiff or Plaintiff's Attorney: Name Bar No.____________ ______________________________________________ Defendant __________________________________________ __________________________________________ Address TO: ________________________________, Garnishee ______________________________________________ Address __________________________________________ City State Zip Phone Number ______________________________________________ City State Zip SUMMONS OF GARNISHMENT TO GARNISH
|
|||||||
