Staff Analysis of the Legislation
|
SB 443
amends Chapter 4 of Title 18 of the OCGA to revise several provisions related
to garnishment proceedings. The bill states that the Civil Practice Act shall
only apply in proceedings in superior and state courts. The bill also makes it
so that that a person or entity not originally named as a garnishee in an
action may not be added as a garnishee by any amended pleading unless it is
shown that the amended pleading was done to correct or clarify the identity of
an intended garnishee. SB 443 further clarifies which costs may be added to
subsequent garnishment balances, and that collateral in the hands of a creditor
is not subject to garnishment as long as there is a balance owed to the
creditor even if that balance is not due. The bill extends the length of
continuing garnishments from six months to three years and provides exemptions to
current time limits for additional or renewed summons in single garnishments to
account for this extended timeline. The bill provides a definition for “private
student loan” and reduces the maximum amount of income that can be subject to garnishments
arising from one of these loans. SB 443 clarifies when a garnishee may answer a
summons without liability for lack of knowledge of a defendant's disposable
earnings. The bill also establishes a form that is to be used when the parties
agree to lower the garnishment from the statutorily allowed maximum and
provides guidelines regarding the form. SB 443 also provides several
modifications and clarifications regarding notice including relaxing the
requirements regarding proof that a defendant has received notice. The bill states
that garnishees are allowed to a physical answer and that courts may not reject
such filling even when the court is overwise subject to e-filling requirements.
Additionally, any individual or organization providing payroll services to a
garnishee has been added to the list of entities that can file answers on
behalf of that garnishee. The bill also allows a court to decline to hear or
issue a denial of a defendant's claim which is filed after the dismissal of a
garnishment action against the defendant. Except in instances of continuing
garnishments, courts are allowed to decline or dismiss any claim filed by
defendant which comes after a judgment is entered, an order to disburse funds
is issued, or money or other property subject to garnishment is distributed by
the court. The bill further states that no claim by a defendant can succeed if
it was capable of being raised and adjudicated in any clam previously made in
the same garnishment action by the defendant. SB 443 also states that a
defendant may file a transverse against a garnishee's motion to modify a
default judgment and outlines how the transverse is to be adjudicated. SB 443 removes the court’s discretion to disallow
the amendment of a summons of garnishment when the amount shown to be due on a
plaintiff's affidavit is incorrect. The bill also provides clarification on
when. SB 443 makes several modifications to Code Section 18-4-23 of the OCGA
relating to relief of liability in garnishment proceedings. The bill states
that plaintiffs are entitled the process of continuing garnishments against
both employees of and people who are “under periodic obligations for payment”
to the defendant. Finally, SB 443 updates relevant forms to confirm to changes
to the law made by the bill. |