State Court Civil
What happens if I file my petition in the wrong county?
If you file a petition in the State or Superior Court of Muscogee County and it is later determined that the defendant resided in a different county, you can submit a motion and order to have the case transferred to the proper county. There is an additional cost and you may be required to pay an additional service fee.
How will the defendant know that a civil suit has been filed against them?
You must have the defendant served by the Sheriff’s Office or by an authorized Process Server using the address you provide to the Court.
What happens after the defendant has been served with a civil suit?
The defendant has 30 days from the date of service to file an answer with the Court without going into default. If the defendant fails to file an answer within 30 days, the petition will be in default. The defendant then has an additional 15 days to file an answer with the Court by paying all accrued costs to open the default.
How long does a garnishment last?
A continuing garnishment is good for 195 days from the date of service.
How long does the garnishee have to file the first answer with the court?
The garnishee must first answer no sooner than 30 days, but no later than 45 days from the date of service.
What amount will be taken from my check?
If the garnishment is a result of a judgment against you, then 25% of your disposable earnings is deducted. If the garnishment is a result of child support or alimony agreement, then 50% of your disposable earnings is deducted.
What happens if the garnishee does not deduct from my check?
The garnishee will be in default and a default judgment may be entered against the garnishee for the amount garnished.