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Angie T. Davis
Clerk

Robin C. Bishop
Chief Deputy Clerk

Clerk, State Court
of Cobb County

12 East Park Square
Marietta, GA 30090-9630

Civil Division
(770) 528-1216

Criminal Division
(770) 528-1246

Accounting Division
(770) 528-1271
State Court Clerk
COBB COUNTY GOVERNMENT 

Garnishments

Garnishments are filed in the Civil Division of the State Court Clerk’s Office. A garnishment is filed against a party as a means of collecting a judgment that has been entered. There are several types of Garnishments. The two most common types are a Regular Garnishment and a Continuing Garnishment. A Regular Garnishment is used primarily for garnishing a bank account or other financial institution. A Continuing Garnishment is used solely for garnishing wages. All Garnishments are filed, processed and served upon the Garnishee (entity holding funds).


Procedure

The forms for filing a garnishment are provided by our office. The plaintiff may appear in person to file a garnishment or may request the forms by mail by sending a request and a self-addressed stamped envelope to this office or you may access the forms via this website. The plaintiff or the plaintiff’s attorney, in the presence of a Deputy Clerk of this court or a notary public, must sign the affidavit. The filing fee is due at the time of filing. Once the proceeding is filed with our office it is approved, assigned a case number, processed and sent to the Sheriff's Office for service.

The plaintiff’s attorney/plaintiff will receive back from this office a copy of the summons marked ‘Defendant’s Copy’ unless he/she elected to have the defendant served by the Sheriff. This copy must be served upon the defendant as provided by law.


Summons of Continuing
Garnishment by Clerk:

YOU ARE HEREBY COMMANDED to hold immediately all property, money, wages, except what is exempt, belonging to the defendant, or debts owed to the defendant named above at the time of service of this summons and between the time of service of this summons to and including the one hundred seventy-ninth day thereafter. Not later than 45 days after you are served with this summons, you are commanded to file your answer in writing with the clerk of this court and serve a copy upon the plaintiff or his attorney named above. This answer shall state what property, money, and wages, except what is exempt, belonging to the defendant or debts owed to the defendant, you hold or owe at the time of service of this summons and between the time of such service and the time of making your first answer. Thereafter, you are required to file further answers no later than 45 days after your last answer. Every further answer shall state what property, money, and wages except what is exempt, belonging to the defendant or debts owed to the defendant, you hold or owe at and from the time of the last answer to the time of the current answer. The last answer required by this summons shall be filed no later than the one hundred ninety-fifth day after you receive this summons. Money or other property admitted in an answer to be subject to continuing garnishment must be delivered to the court with your answers. Should you fail to file answers as required by this summons, a judgment will be rendered against you for the amount the plaintiff claims due by the defendant.


Summons of Regular
Garnishment by Clerk:

YOU ARE HEREBY COMMANDED to immediately hold all property, money, wages, except what is exempt, belonging to the defendant, or debts owed to the defendant named above at the time of service of this summons and between the time of service of this summons and the time of making your answer. Not sooner than 30 days but not later than 45 days after you are served with this summons, you are commanded to file your answer in writing with the Clerk of this Court and serve a copy upon the plaintiff or his attorney named below. Money or other property subject to this Summons should be delivered to the Court with your answer. Should you fail to answer this summons, a judgment will be rendered against you for the amount the plaintiff claims due by the defendant.


Answer of Garnishee:

When the garnishee answers a garnishment and pays funds into court the Clerk must hold the funds for 15 days. After 15 days the Clerk will pay the money to the Plaintiff’s Attorney/Plaintiff if an affidavit of compliance as to service on the defendant and request to condemn funds have been filed. If the plaintiff has an attorney the money will be paid to the attorney unless the Clerk has written authorization from the attorney directing us to pay the funds to the plaintiff.

If at any time the plaintiff’s attorney/plaintiff wishes to stop the garnishment a written dismissal must be filed with the Clerk and the Clerk will issue a release to the garnishee.


Payment by Defendant:

The Clerk will accept only full payment of a garnishment from the defendant. This payment must be made in cash.


Traverse to Garnishment:

At the time a traverse is filed a hearing date will be set and notice will be sent to all parties by mail.