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Ed Johnson
Ed Johnson, International HR Consultant
Category: Legal
Satisfied Customers: 10760
Experience:  GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999
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how do I file a traverse on a garnishment in state court

Customer Question

I was told to file a traverse on a garnishment that I was servered last week and up until my employer sent me notice I knew nothing of the order to renew judgement since I was served at an address I have not lived at in atleast 8 years however as you probably know you have to do all the filing yourself and I have no idea where to start all all I know this far is to file a traverse
Submitted: 9 years ago.
Category: Legal
Expert:  Ed Johnson replied 9 years ago.

DearCustomer

You can do this yourself by going to the clerk of courts in the same county court where the garnishment was filed, and ask the clerk for instructions on filing the Traverse.

It is best of course to go to the attorney for assisstane. The attorney can fill out the documents for you, and then instruct you in filing.

There is a form that is used, but not all clerks of courts maintain forms. The clerks frequently direct you to a business forms place to buy forms. However, office supply stores frequently only sell forms by the pack, requiring you to purchase several forms for whicy you have no use.

It is best to have an attorney's assistance in filling out forms, because they will use legal language which is more beneficial in a court of law.

The process is very simple and stratight forward. A form is submitted requesting hearing, the judge hears the arguments, and renders a decision.

You can get a graphic representation of the decision process by looking at the judgment forms that are used in these kind of cases. Simple scroll through the blank forms that are used by the court in these cases. (note, these are the judgenent forms, not the forms you complete):

http://law.onecle.com/georgia/18/18-4-66.html

Defendant may file a Traverse or Bond to dissolve the garnishment (MAG 35-03,Garnishment Traverse). A traverse is a legal document filed with the Clerk of Court by which defendant contends that the facts contained in the affidavit of garnishment, amounts, underlying judgment, or the garnishment action itself, or other matters are incorrect. Defendant's may file a traverse in person atXXXXX Lawrenceville, GA (normal business hours); or by mail to P. O. Box 568, Lawrenceville, GANNN-NN-NNNN Reminder, state law does not permit faxed documents to be filed with the Clerk.

(Instructions downloaded from georgia clerk of courts)

Please visit this georgia clerk of courts web link to read a complete description of the plaintiff and defendent roles in the garnishment process:

http://www.gwinnettcourts.com/REP_DOC/volumes/magistrate/garn/MAG%2035-23%20Continuing%20Garnishment%20Instructions%20(Rev.%20side%20of%20Mag%2035-13).pdf

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