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Seattle Scott
Seattle Scott, Attorney
Category: Personal Injury Law
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A judge had awarded a judgement of garnishment of a defendants

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A judge had awarded a judgement of garnishment of a defendants bank account. Then a traverse was filed but denied. the defendants bank was legally served by the court of the decision. the plantiff had a 30 day freeze on the defendants bank account which has now expired but the bank has not released the money and is saying they have 15 more days to given an answer.Is the money still frozen or can the defendant get the money out of that account. during these last 15 days?
Submitted: 10 months ago.
Category: Personal Injury Law
Expert:  Seattle Scott replied 10 months ago.

Let me check Georgia law. Did the bank "answer" the garnishment by stating the amount it was withholding or this hasn't happened yet regarding the 15 more days you mention? . Did the defendant file an exemption claim if any of the money was exempt from garnishment?

 

The bank has up to 45 days to answer.

 

CODE OF GEORGIA

Title 18. DEBTOR AND CREDITOR

Chapter 4. GARNISHMENT PROCEEDINGS

Article 4. POSTJUDGMENT GARNISHMENT PROCEEDINGS GENERALLY

 

Current through 2013 legislative session

 

§ 18-4-62. Contents and Service of Summons of Garnishment; Requirements as to Filing of Answer to Summons

 

(a)The summons of garnishment shall be directed to the garnishee, commanding the garnishee to respond stating what money or other property is subject to garnishment. Except as provided in subsection (b) or (c) of this Code section, the garnishee's answer shall be filed with the court issuing the summons not sooner than 30 days and not later than 45 days after the service of the summons and shall be accompanied by the money or other property subject to garnishment. Upon the affidavit and summons being delivered to the sheriff, marshal, constable, or like officer of the court issuing the summons, it shall be his or her duty to serve the summons of garnishment , as set forth in Code Section 18-4-23, upon the person to whom it is directed and to make an entry of service upon the affidavit and return the affidavit to the court. The summons of garnishment shall state that if the garnishee fails to file a garnishee's answer to the summons, a judgment by default will be entered against the garnishee for the amount claimed by plaintiff against the defendant.
(b)Under circumstances where the defendant has been an employee of the garnishee, and if the defendant is no longer employed by the garnishee, and if the garnishee has no money or property of the defendant subject to garnishment, the garnishee may immediately file the garnishee's answer; provided, however, that such garnishee's answer shall be filed not later than 45 days after the service of the summons.
(c)If the garnishee is a bank or other financial institution and if the defendant does not have an active account with, and is not the owner of any money or property in the possession of, the bank or financial institution, then the garnishee may immediately file a garnishee's answer; provided, however, that such garnishee's answer shall be filed not later than 45 days after the service of the summons.
Expert:  Seattle Scott replied 10 months ago.
To answer your specific question, no the defendant can't get the money out of the account. On or before 45 days, the bank will file an Answer with the court and send a check for the garnished amount to the court ( from the defendant's account/money). An exception to getting the money out is if the account balance was greater than the amount of the garnishment, then the excess would not be frozen ever.
Seattle Scott, Attorney
Satisfied Customers: 735
Experience: I have 25 years experience as a Washington State Personal Injury Attorney
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