Have Legal Questions? Ask a Lawyer Now.
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):
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:
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).