Ga. Code § 18-3-19

Current through 2023-2024 Legislative Session Chapter 709
Section 18-3-19 - Forms for attachment

In all cases of attachment, the form of the affidavit, bond, attachment, and order authorizing the issuance thereof may be as follows:

(1)Affidavit for attachment.

AFFIDAVIT

STATE OF GEORGIA

COUNTY OF __________________

Personally appeared __________________ who on oath says that he is attorney at law for __________________ and that

__________________ is indebted to said plaintiff in the sum of $ __________________ and that said defendant __________________.

__________________

Affiant

Sworn to and subscribed

before me this __________________

day of __________________, __________________.

Judge

(2)Bond.

BOND

STATE OF GEORGIA

COUNTY OF __________________

We, __________________, principal, and __________________, security, jointly and severally acknowledge ourselves bound unto the

foregoing defendant in the sum of $ __________________, subject to the following conditions:

The said principal is seeking attachment against the said defendant which is now about to be sued out in the __________________ Court of __________________ County.

Now, if the said plaintiff shall pay all damages that the defendant may sustain, and also all costs that may be incurred by him in consequence of suing out such attachment, in the event that the said plaintiff shall fail to recover in said case, then this bond shall be void.

__________________ (SEAL)

__________________ (SEAL)

Witnessed and approved

this __________________ day of

__________________, __________________.

__________________

Deputy Clerk,

__________________ Court of __________________ County

(3)Attachment.

ATTACHMENT

STATE OF GEORGIA

COUNTY OF __________________

To the marshal of said court or his lawful deputies, to all and singular the sheriffs or their lawful deputies, and to all lawful constables of said state:

You are commanded to seize so much of the property of the foregoing defendant as will make the sum of $ __________________ and all costs, and to serve such summons of garnishment as may be placed in your hands, and that you make return of this attachment with your actions entered thereon to the __________________ term, __________________, of the __________________ Court of __________________ County, to which court this attachment is hereby made returnable.

This __________________ day of __________________, __________________.

__________________ (SEAL)

__________________ Court of __________________ County

(4)Order.

IN THE __________________ COURT OF __________________ COUNTY

STATE OF GEORGIA

__________________

)

Plaintiff

)

v.

)

Civil action

)

__________________

)

File no. __________________

Defendant

)

)

ORDER

Upon application of the plaintiff for a writ of attachment, and having considered the affidavit with bond attached, and inquiring into the grounds and circumstances herein, it is the determination of this court that the plaintiff is (or is not) entitled to a writ of attachment, and it is

ORDERED that a writ of attachment issue upon the property of the defendant (or that a writ of attachment be denied).

This __________________ day of __________________, __________________.

__________________Judge, __________________ Court of __________________ County

OCGA § 18-3-19