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  1. #1
    Join Date
    Dec 2009
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    15

    Exclamation Executing a Bank Garnishment in Georgia

    My question involves judgment recovery in the State of:
    Georgia

    I won a judgment against a former employer for over $1,000. I am trying to find out more about how I can force the money to be paid since the employer obviously has no intent to pay willfully.

    I learned I can do a Writ of Execution, but I need to know the bank that her money is at. I remember one of the accounts was at a specific bank, but that was more than seven or eight months ago. The thing to file the papers is costing $97, and I don't want to file it to end up not getting anything.

    So I am trying to figure out if there is a way to find out what bank she uses?

    I was going to try and put a lien on her property, but I need the money as soon as possible.

    I appreciate any help, as I have been searching this form learning tons of information that can help me!

    EDIT:
    Also, i forgot to mention, the bank account that I know that she used, was for a business. Her name was tied to the account too (when they called the office, they asked for her by name, and her name was on the business card).

    Should I try that bank? I have the address and all that. But I'm trying to find out how to make sure before I spend another $100 trying to collect my money and she doesn't have an account there.

  2. #2
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    Default Re: Executing a Bank Garnishment in Georgia

    Try calling the bank and asking if a check for a few hundred dollars (e.g., $250) payable from the account will clear. If they say "yes", run to the courthouse, get the garnishment order, and try to serve it before the money is paid out. Although I haven't specifically looked up Georgia's rule, the application fee for a garnishment order would typically be a taxable cost that can be added to your total recovery.

  3. #3
    Join Date
    Dec 2009
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    15

    Default Re: Executing a Bank Garnishment in Georgia

    Quote Quoting Mr. Knowitall
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    Try calling the bank and asking if a check for a few hundred dollars (e.g., $250) payable from the account will clear. If they say "yes", run to the courthouse, get the garnishment order, and try to serve it before the money is paid out. Although I haven't specifically looked up Georgia's rule, the application fee for a garnishment order would typically be a taxable cost that can be added to your total recovery.
    So i would have to call the specific branch she goes to or could i call any branch? Also, I don't know the account number. Would I just say a check from their name and give their home address?

    The fee to file the order adds to the debt automatically.

    Would they still tell me? I'm going to try in the morning.

  4. #4
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    Default Re: Executing a Bank Garnishment in Georgia

    No, you'll need the account number. There's a difference between knowing "the bank account" somebody used and merely knowing the bank.

    Look into the rules for holding a creditor's exam, through which you can compel her to disclose her assets and their location. For example, if this is a small claims matter it appears that Georgia offers a post-judgment interrogatory that can be obtained from the clerk of the magistrate court, then mailed to the defendant who must respond under oath within 30 days about her assets; although you run the risk that the debtor would empty bank accounts identified in the interrogatory.

  5. #5
    Join Date
    Dec 2009
    Posts
    15

    Default Re: Executing a Bank Garnishment in Georgia

    Quote Quoting Mr. Knowitall
    View Post
    Look into the rules for holding a creditor's exam, through which you can compel her to disclose her assets and their location.
    Ok, thanks for all the help. I'm going to call the clerk of court to find out the exact steps to doing the creditor exam (and the cost, since I know it can't be free, lol) so I can get started. Unless I can find someone who knows what bank she uses.

    Good thing I still know all the people I used to work with! Hopefully one of them has a check or has cashed a check from her...

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