Georgia Legislation Overturns Rule Requiring Attorneys to Answer Garnishments

Generally, corporations appearing in Superior and State Courts in Georgia must be represented by an attorney.  Although this requirement existed, it had generally not been applied to garnishment actions until September 12, 2011. On that date, the Supreme Court of Georgia adopted a state bar advisory opinion stating that a corporation’s response to a garnishment issued in a Georgia Superior or State Court must be filed by an attorney.  Filings in Magistrate Courts did not require signature by a Georgia admitted attorney.

            This rule was overturned with the signature of Georgia House Bill 683 on February 8, 2012.  The bill, which became effective immediately, allows payroll personnel, human resources personnel, and other staff to respond to Summonses of Garnishment.  As a bonus, the bill also doubles the amount employers may deduct to recover the expenses they incur in preparing and filing Answers of Garnishment.

Prompt attention by the employer to a garnishment summons remains crucial to avoiding employer liability for the garnishment amount:

(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.