Click Clayton
Chief Magistrate Court Judge:
Keisha Wright Hill
Harold R. Banke Justice Center
9151 Tara Boulevard
Jonesboro, GA 30236
Phone:
(770) 477-3444
Fax:
(770) 473-5750
For information regarding your case, please contact the Clerk’s Office at
(770) 477-3443
Hours:
Monday-Friday
8am-5pm
Excluding Holidays
Garnishments
A garnishment is a proceeding against a third party (“the garnishee”). The garnishee has money or other property belonging to the judgment debtor-defendant. Garnishment is the term of the legal process by which the garnishee pays into court the money, or property, that the garnishee owes to the judgment debtor.
Before a garnishment action may be filed, you must have a judgment against someone or a business. The garnishee bank/employer or someone you may serve on its behalf must be located in Clayton County.
Forms
- Affidavit for Garnishment
- Summons of Garnishment
- Two Copies of the Summons
- Two Marshal’s Entry of Service Sheets
- If you are filing for a Continuing Garnishment, you will need 7 additional Answer forms.
Filing Fees
Garnishments are $100.00 if the Clayton County Sheriff’s Office is to serve only the Garnishee. Garnishments are $150.00 if the Defendant and the Garnishee are both to be served by Clayton County Sheriff’s Office. (Include a completed Sheriff’s Entry of Service form for each party to be served.)
The Service copy of the Garnishment for the Defendant will be returned to the Plaintiff or the Attorney for the Plaintiff unless the Deputy Sheriff is to serve the defendant. A self-addressed, stamped envelope is required for this purpose.
Garnishment Funds
Monies being held on garnishments may be disbursed by submitting an application to condemn the funds. The Clerk’s office must be provided with proof of service on Defendant (including case number) by: Certified Mail (Either the returned receipt card or the unclaimed letter which was mailed to the Defendant), Affidavit of Compliance, or Certification of Personal Service by Deputy Sheriff, Attorney, Plaintiff or Agent per O.C.G.A. §18-4-3. No money will be disbursed unless the foregoing procedures are completed in their entirety. Monies are held for 20 days before disbursing.
The office of the Clerk of Magistrate Court is an administrative office charged with the duties of receiving and filing papers required to be filed with the Clerk and collecting required filing fees. In many cases, collecting a judgment is harder than proving your case in court. You should consult an attorney or a collection agency if you have questions. No employee of this office is qualified or licensed to practice law. State law forbids any person other than a duly licensed attorney at law to render or furnish legal services or advice. Therefore, no one in this office will be able to guide you through the process.
Step 1
Prepare a Services Sheet
Attach a self-addressed, stamped envelope to the Service Sheet. It may take up to 60 days from the date of service before the Court hears from the party served.
Step 2
Court Receives Garnishment Funds
A bank will freeze the Debtor Defendant’s account and send the Court the amount you filed your garnishment for, or the amount in the account, whichever is greater. An employer will withhold 25% of the net pay and send it to the Court.
Step 3
Additional Summons of Garnishment
After filing, if you find that the Debtor Defendant has additional money in another bank account or another employer, you may add that Garnishee to the open case by filing an additional Summons of Garnishment for $35.00 (this includes service on the garnishee).
Step 4
Garnishment Calculations
The amount for which you file your garnishment is the amount that you were awarded in your judgment, the cost of your judgment, and any interest and court cost to which you may be entitled added together. The Clerk will add the garnishment cost to the action. Please note that the Clerk CANNOT properly calculate the garnishment cost if you do not supply the return of service documents (including return of service when you were unable to serve the Debtor Defendant or the garnishee), potentially resulting in an incomplete calculation of your garnishment costs by the Clerk.
Step 5
Await a Filed Answer
The Court will not contact you if no money is received, or no answer is filed. If after 60 days, you have not received a check from us, you may call to see if an answer has been filed. If no answer has been filed, you will need to contact an attorney to be advised of your next step.
Step 6
Mailing of Funds
The Court cannot guarantee that you will receive any money when you file a garnishment. But if the Court receives funds for you, the funds will be mailed in a timely manner.
Step 7
Holding of Funds
If the Court does not have proof in its files that the Debtor Defendant has been served, the funds will be held until proof of service is filed. Funds remain in the registry for 20 days prior to payment, possibly longer if a traverse is filed by the Debtor Defendant. An Application for payment to condemn funds is required before funds are paid. Due to the large number of checks the Court processes, all checks are mailed.