Garnishment - Forms

To speed up the garnishment process, please make sure you review all of the garnishment forms to select the correct packet for filing.

If you are using your own forms, they must substantially conform to the state-mandated garnishment forms to be accepted by the Clerk of Court.

Incomplete forms may be rejected and/or it could take more time to process. Accordingly, when filing out garnishment forms, please pay attention to following:

1. Please read the entire form before filling it out.


2. Failure to fill out the form completely (including circling everything and filling in every blank).


3. Specifically, do not forget to fill in the following:
   
   
   1. Personally appeared ________ [the name of the filer/affiant must be printed on the blank];
   
   
   2. Circle the correct identifier; are you the plaintiff, attorney for plaintiff, or agent for plaintiff;
   
   
   3. Fill in all the blank spaces for the principal amount owed, court costs, etc.; and
   
   
   4. Include the balance due.
   
   
4. Do not forget to date the Affidavit.


5. Make sure the balance due on the summons of garnishment and affidavit of garnishment match.


6. Make sure you are using the correct service of process forms. Failure to use the correct service of process forms or failure to provide proof of service will prevent any payouts.

In addition, if you have prepared the forms using your own template, please pre-print the name of the Clerk of Court (Tiana P. Garner) and the name of the Chief Magistrate (Hon. Kristina Hammer Blum) in the appropriate blanks.

Additional information is provided in our "FAQ" section.

 1. Garnishment Regular Form Packet

Garnishment Form Packet

 

 2. Garnishment on a Financial Institution Form Packet

Garnishment on a Financial Institution Form Packet

 

 3. Continuing Garnishment Form Packet

Continuing Garnishment Form Packet

 

 4. Continuing Garnishment for Support Form Packet

Continuing Garnishment for Support Form Packet

 

 5. Third-Party Claim

Third-Party Claim

 

 6. Defendant's Claim

Defendant's Claim

 

 7. Sheriff Entry of Service

The Gwinnett County Sheriff's Entry of Service form is the document used to show service of process upon the defendant or garnishee. The fee for serving a summons by the sheriff's deparment can be found on the Magistrate Fee Page.

The Magistrate Court version of this form can also be modified to show proof of service of other documents also served by the sheriff's deputies.

Sheriff Entry of Service [DOC]

 

 8. Plaintiff's Traverse

Plaintiff's Traverse [DOC]

 

 9. Certificate of Service Upon the Defendant

Certificate of Service Upon the Defendant

 

10. Plaintiff's Application for Disbursement

Plaintiff's Application for Disbursement

 

11. Dismissal of Garnishment

Dismissal of Garnishment [DOC]

 

12. Garnishee's Motion to Modify Default Judgment

Garnishee's Motion to Modify Default Judgment

 

13. Request to Issue Judgment and or FIFA

Purpose of form:

To request in writing that the court issue a judgment in a civil case or a garnishment case when the defendant or garnishee has failed to file an answer.

The clerk of court and judicial assistants of magistrate court routinely monitor the status of cases to determine if they are eligible for a default judgment. Therefore, it is not absolutely necessary that a plaintiff request that the case be reviewed for this purpose.

The prevailing party must request that a writ of fi.fa. be issued and pay the requisite recording fee for such issuance.

Request to Issue Judgment and or FIFA

 

14. Modification Of Continuing Garnishment

Modification Of Continuing Garnishment

 

15. garnishee answer

		Answer - Regular
		Answer - Continuing Garnishment
		Answer - Financial

 

Frequently Asked Questions