How to Serve a Garnishment Summons in Georgia

Filing the Paperwork Is Not Enough — You Have to Serve It Correctly

Filing a garnishment with the court creates the legal action. But the garnishment has no effect until the summons is properly served on the garnishee (the employer or bank) and the debtor receives the required notice. Georgia's garnishment statutes are strict about who can serve, when the debtor must be notified, and what happens if these steps are not followed. A procedural mistake at the service stage can get the entire garnishment dismissed.

Who Can Serve the Garnishment Summons

The garnishment summons must be served on the garnishee by one of the following (O.C.G.A. § 18-4-8(a)):

• County sheriff or deputy
• County marshal or constable
• Certified process server (registered under Georgia law)

You cannot serve the garnishment summons yourself. A friend, family member, or unregistered courier cannot do it either. If service is performed by someone not authorized under the statute, the garnishment is defective.

Most creditors use the sheriff or marshal in the county where the garnishee is located. You pay the service fee when you file the garnishment — typically $13 to $50 — and the sheriff's civil division handles delivery.

The 3-Business-Day Debtor Notice Rule

This is the step that trips up more pro se creditors than any other. Under O.C.G.A. § 18-4-8(b)(1), within three business days after the garnishee is served, you must serve the debtor with copies of:

• The Affidavit of Garnishment
• The Summons of Garnishment
• The Notice to Defendant of Right Against Garnishment (the exemption notice)
• The Defendant's Claim Form

Service on the debtor can be accomplished by:

1. Dual-mail method: Send the documents by regular first-class mail AND simultaneously by certified mail or statutory overnight delivery, return receipt requested, to the debtor's last known address.
2. Personal service: Have an authorized process server or law enforcement officer deliver the documents directly.

You must file proof of service with the court clerk — the USPS green card return receipt, postal tracking confirmation, or the process server's affidavit of service.

If you fail to serve the debtor within three business days of serving the garnishee, the statute requires dismissal of the garnishment action. Do not assume that late service cures the missed deadline.

What the Employer Must Do After Being Served

Once the employer receives the garnishment summons, they have specific obligations:

First answer deadline: The employer must file a Garnishee Answer with the court not sooner than 30 days and not later than 45 days after the date of service (O.C.G.A. § 18-4-10(b)). This first answer reports the debtor's employment status, pay schedule, and disposable earnings.

Ongoing deductions: For a continuing wage garnishment, the employer withholds the garnishable portion of each paycheck — the lesser of 25% of disposable earnings or the amount exceeding $217.50 per week — and remits it to the court registry. Periodic answers are filed throughout the garnishment's active period.

Duration: A continuing wage garnishment remains active for 179 days from the date of service on the employer (O.C.G.A. § 18-4-4(c)(1)). If the judgment is not fully satisfied, you can file a new garnishment after the first one expires.

Default risk: If the employer does not file an answer within 45 days, they enter default. After a 15-day grace period, you can move for a default judgment against the employer for the full balance the debtor owes.

Garnishing an Independent Contractor's Income

The garnishment rules summarized here address employer withholding of disposable earnings. If the debtor is paid as an independent contractor, do not assume that the 25% wage formula applies or that the full payment can be attached. Use post-judgment interrogatories to identify the paying entities, then confirm how the specific payments are treated before filing.

Getting the Forms Right

Georgia garnishment uses standardized statutory forms under O.C.G.A. § 18-4-70 et seq. The core package for a continuing wage garnishment includes five documents: the Affidavit, the Summons, the Attachment, the Notice to Defendant, and the Defendant's Claim Form. For a bank garnishment, there is a separate set of financial-institution-specific forms under O.C.G.A. § 18-4-76.

All of these must be assembled, filed with the correct court, and served in the correct sequence. Missing a form from the package or using the wrong form set (wage forms for a bank garnishment, or vice versa) results in dismissal. The guide walks through each form line by line with the Georgia-specific details.

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