ga-post-judgment · diff
v0.1.0 to v0.1.0
255 added, 31 removed. Audit A to A.
---
name: ga-post-judgment
description: >
- Navigate post-judgment procedure in Georgia: motion to vacate, garnishment response, exemption claims, supplemental proceedings, satisfaction of judgment.
+ This skill should be used when navigating post-judgment procedure
+ in a Georgia civil case. Triggers include "set aside a default
+ judgment in Georgia", "open default 15 days", "motion to set aside
+ Georgia", "wage garnishment Georgia", "claim exemption garnishment",
+ "Georgia bank levy", "traverse garnishment", "continuing garnishment
+ Georgia", "Georgia exemptions O.C.G.A. 44-13-100", "judgment
+ dormant", "revive a Georgia judgment", "new trial Georgia", "JNOV
+ Georgia". Covers opening or setting aside default under O.C.G.A.
+ § 9-11-55, motions to set aside under § 9-11-60(d), post-trial
+ motions (new trial § 5-5-40, JNOV § 9-11-50(b), appeal § 5-6-38),
+ the post-2016 garnishment regime (O.C.G.A. §§ 18-4-1 to 18-4-90)
+ and the defendant's claim/traverse, property exemptions under
+ § 44-13-100, and judgment dormancy and revival under §§ 9-12-60
+ and 9-12-61.
version: 0.1.0
---
# Georgia Post-Judgment Procedure
- > **TODO**: Author substantive content. This is a scaffolded
- > stub. Research the Georgia analog from authoritative sources
- > before writing — do not search-and-replace from another
- > state plugin.
+ > **NOT LEGAL ADVICE.** This skill addresses procedure once a Georgia
+ > judgment has been entered. Verify every step, deadline, and dollar
+ > figure against current law before filing or responding. Pair with
+ > substantive review by counsel where stakes warrant.
- > **NOT LEGAL ADVICE.** This skill is a procedural and
- > drafting aid, not legal advice. Verify current rules,
- > deadlines, and venue-specific practices before filing.
- > Pair with substantive review by counsel where stakes
- > warrant.
+ Use this skill in addition to `ga-statewide-format` when the case is
+ **past judgment** — whether you are attacking the judgment, defending
+ against collection, or collecting on it.
- ## State context
+ ## Two paths after judgment
- - **State**: Georgia
- - **Format rule**: O.C.G.A. § 9-11-10 + Uniform Superior Court Rules
- - **Civil rules**: Georgia Civil Practice Act (O.C.G.A. Title 9, Ch. 11)
- - **Evidence rules**: Georgia Evidence Code (O.C.G.A. Title 24)
- - **Style manual**: Georgia appellate citation (Bluebook-based)
+ 1. **Attack the judgment** — open or set aside a default under
+ O.C.G.A. § 9-11-55, set aside under § 9-11-60(d), move for new
+ trial under § 5-5-40, move for JNOV under § 9-11-50(b), or appeal
+ under § 5-6-38.
+ 2. **Defend collection or collect** — respond to and challenge
+ garnishment under O.C.G.A. §§ 18-4-1 to 18-4-90, assert exemptions
+ under § 44-13-100, and track the dormancy and revival clock under
+ §§ 9-12-60 and 9-12-61.
- ## What to author
+ ## Attacking the judgment
- 1. Description: replace the placeholder with realistic trigger
- phrases for how a Georgia pro se filer would ask about this
- 2. Body: substantive content matching the role
- 3. Composition notes: which other ga- skills this layers
- with
- 4. References: the supporting `references/*.md` files
+ ### Opening a default — O.C.G.A. § 9-11-55
- ## References to author
+ When the defendant has not answered, the case goes into default.
+ Georgia gives two distinct windows:
- - Research the Georgia analog from authoritative sources
- before authoring; do NOT search-and-replace from another
- state plugin
+ - **As a matter of right within 15 days** — under § 9-11-55(a), the
+ defendant may **open the default as of right** at any time within
+ **15 days** of the day of default, **on payment of costs**. No
+ excuse, affidavit, or showing of a defense is required in this
+ window; paying the accrued costs is the price of entry. This is the
+ single most important post-default deadline — calendar it the moment
+ default is suspected.
+ - **After 15 days — only on a showing under § 9-11-55(b)** — once the
+ 15-day right has lapsed, the court may open the default **only** on
+ one of three statutory grounds:
+ 1. **providential cause** preventing the answer,
+ 2. **excusable neglect**, or
+ 3. a **"proper case."**
- ## Cross-references
+ And the movant must satisfy **four mandatory conditions**: (a) the
+ showing must be made **under oath**; (b) the movant must offer to
+ **plead instanter**; (c) the movant must **announce ready** to
+ proceed with trial; and (d) the movant must **set up a meritorious
+ defense**. Missing any one of the four defeats the motion regardless
+ of the ground asserted.
+ - **The "proper case" prong** — the Georgia Supreme Court in *Bowen v.
+ Savoy*, 308 Ga. 204 (2020), addressed the "proper case" ground,
+ holding that it is the broadest of the three and does **not** require
+ the movant to furnish a reasonable explanation for the failure to
+ answer. The "proper case" analysis looks to whether opening the
+ default serves the ends of justice on the whole record. (Verify the
+ pincite and current treatment before relying on it.)
- - `ga-statewide-format` for format baseline
- - `ga-fulton` / `ga-cobb` / `ga-county-courts` for venue
- - `ga-pro-se` for pro se conventions
+ ### Motion to set aside — O.C.G.A. § 9-11-60(d)
+
+ A judgment that is **not** a mere default — or a default attacked after
+ the § 9-11-55 windows close — is reached under § 9-11-60(d). Grounds
+ include:
+
+ - a **non-amendable defect** appearing on the face of the record or
+ pleadings (§ 9-11-60(d)(3));
+ - **lack of jurisdiction** over the person or the subject matter
+ (§ 9-11-60(d)(1)); and
+ - **fraud, accident, or mistake**, or the acts of the adverse party
+ unmixed with the movant's own negligence (§ 9-11-60(d)(2)).
+
+ **Timing**: under § 9-11-60(f), a motion to set aside generally must be
+ brought **within three years** of entry of the judgment complained of.
+ There is **no time limit for a void judgment** — a judgment void for
+ lack of personal or subject-matter jurisdiction may be attacked at any
+ time. Lack of service (a frequent issue in consumer debt-buyer default
+ cases) is the classic void-judgment basis. See `ga-consumer-debt` for
+ the default-judgment attack template.
+
+ ### Post-trial motions and appeal
+
+ - **Motion for new trial — O.C.G.A. § 5-5-40**: file **within 30 days**
+ of entry of the judgment. Grounds are stated in O.C.G.A. Title 5,
+ Chapter 5 (verdict contrary to evidence, error of law, newly
+ discovered evidence, etc.).
+ - **Motion for judgment notwithstanding the verdict (JNOV) —
+ O.C.G.A. § 9-11-50(b)**: file **within 30 days** of entry of
+ judgment, predicated on a prior motion for directed verdict.
+ - **Notice of appeal — O.C.G.A. § 5-6-38**: file **within 30 days**
+ of entry of the judgment, or within 30 days of the order disposing
+ of a timely motion for new trial or JNOV. Track whether the appeal
+ is a direct appeal or requires an application (discretionary or
+ interlocutory).
+
+ ## Defending collection — garnishment
+
+ Georgia's garnishment chapter was **rewritten in 2016** following
+ *Strickland v. Alexander*, N.D. Ga. (2015), which held the prior
+ scheme unconstitutional for inadequate notice and exemption
+ procedures. The old section numbers are gone; the current chapter
+ spans **O.C.G.A. §§ 18-4-1 to 18-4-90**. Always work from the current
+ chapter — older forms and citations are unreliable.
+
+ ### Process and garnishee answer — O.C.G.A. § 18-4-4
+
+ The garnishment summons is served on the garnishee (employer or bank).
+ For a **bank/financial-institution garnishee**, the garnishee's answer
+ is due in the window set by § 18-4-4 — generally **not sooner than 5
+ nor later than 15 days** after service. The answer reports what funds
+ or property the garnishee holds. (Verify the exact day-count against
+ current § 18-4-4.)
+
+ ### Wage limit — O.C.G.A. § 18-4-5
+
+ Earnings subject to garnishment are capped at the **lesser of**:
+
+ - **25% of disposable earnings** for the week, or
+ - the amount by which disposable earnings **exceed 30 times the
+ federal minimum wage** per week.
+
+ At a $7.25 federal minimum wage, the 30× floor protects roughly
+ **$217.50 per week** — if disposable weekly earnings are **at or below**
+ that floor, **nothing is garnishable**. This tracks the federal CCPA
+ (15 U.S.C. § 1673). Treat the dollar figure as illustrative and
+ **verify the current federal minimum wage and § 18-4-5 text** before
+ relying on the number.
+
+ ### Continuing garnishment — O.C.G.A. § 18-4-20 et seq.
+
+ A **continuing garnishment** reaches future earnings over a fixed
+ period — currently a **1,095-day** period — under § 18-4-20 et seq.,
+ with the per-pay-period wage limit in **§ 18-4-53** mirroring the
+ § 18-4-5 cap. The garnishee files periodic answers over the life of
+ the writ.
+
+ ### Exemptions inside the garnishment — O.C.G.A. § 18-4-6
+
+ Section 18-4-6 lists property **not subject to garnishment**,
+ including funds in **IRAs, pensions, and other retirement accounts**,
+ and funds that are **federally exempt** — **Social Security, SSI,
+ Veterans' benefits, unemployment compensation, workers' compensation,
+ and disability** payments. These remain exempt even after deposit;
+ the burden is on the defendant to identify and trace them.
+
+ ### The defendant's claim / traverse — O.C.G.A. § 18-4-15
+
+ The defendant is not automatically a party to the garnishment. Under
+ **§ 18-4-15**, the defendant **becomes a party by filing a claim**
+ (the practical "traverse") that asserts the exemption basis or
+ otherwise contests the garnishment — and must do so **before the
+ funds are subject to judgment, disbursement, or distribution**. Once
+ distributed, the money is gone.
+
+ **Timing — O.C.G.A. § 18-4-93**: file the claim **promptly**. The
+ practical window is short — generally **within about 20 days after the
+ garnishee's answer** (verify the exact period against current
+ § 18-4-93). Do not wait: the controlling event is distribution of the
+ funds, so a late claim can be worthless even if technically permitted.
+
+ ## Property exemptions — O.C.G.A. § 44-13-100
+
+ **Georgia is an opt-out state.** Under **§ 44-13-100(b)**, a Georgia
+ debtor **may not use the federal bankruptcy exemptions** and must use
+ the **state exemptions** set out in § 44-13-100(a). Key categories
+ (amounts change — **verify current § 44-13-100 amounts** before
+ relying on any figure):
+
+ - **Homestead** — § 44-13-100(a)(1): equity in the debtor's
+ residence.
+ - **Motor vehicle** — § 44-13-100(a)(3).
+ - **Household goods, furnishings, apparel, appliances** —
+ § 44-13-100(a)(4) (per-item and aggregate caps).
+ - **Jewelry** — § 44-13-100(a)(5).
+ - **Wildcard** — § 44-13-100(a)(6): a flat amount **plus any
+ unused-homestead spillover**, applicable to any property.
+ - **Tools of the trade / implements / books** —
+ § 44-13-100(a)(7).
+ - **Health aids, life insurance, personal-injury and wrongful-death
+ recoveries, support, and retirement funds** — § 44-13-100(a)(2)
+ and (a)(8)–(a)(11).
+
+ The unused-homestead spillover into the wildcard is the most useful
+ planning feature for a debtor with little or no home equity.
+
+ ## Judgment lifespan — dormancy and revival
+
+ - **Dormancy — O.C.G.A. § 9-12-60**: a Georgia judgment becomes
+ **dormant** if **seven years** pass without enforcement — i.e.,
+ unless a **writ of execution (fi. fa.)** is issued and entered/
+ recorded on the **General Execution Docket (GED)** of the county,
+ with that activity refreshing the clock. A dormant judgment cannot
+ be enforced until revived.
+ - **Revival — O.C.G.A. § 9-12-61**: a dormant judgment may be
+ **revived within three years** of the date it became dormant
+ (by scire facias or by action). Miss that three-year revival window
+ on top of dormancy and enforcement is barred.
+
+ For a debtor, the dormancy/revival clock is a defense: an old judgment
+ that went dormant and was never timely revived is unenforceable.
+
+ ## Common pro se post-judgment scenarios
+
+ 1. **Default just entered** — calendar the **15-day** § 9-11-55(a)
+ right to open as of right on payment of costs; this is the
+ cheapest and surest path. After 15 days, pivot to § 9-11-55(b)
+ (ground + four mandatory conditions, all under oath).
+ 2. **Default in a debt-buyer case with bad service** — attack as a
+ **void judgment** under § 9-11-60(d)(1) for lack of personal
+ jurisdiction (no time limit). See `ga-consumer-debt`.
+ 3. **Bank account garnished holding Social Security** — file the
+ § 18-4-15 claim/traverse **promptly** (watch the § 18-4-93 window),
+ asserting the § 18-4-6 federal exemption before the funds are
+ disbursed.
+ 4. **Wage garnishment, low earner** — check the § 18-4-5 floor; if
+ disposable weekly earnings are at or below ~30× the federal
+ minimum wage, nothing is garnishable.
+ 5. **Old judgment surfaces** — check the § 9-12-60 seven-year dormancy
+ clock and whether it was revived within the § 9-12-61 three-year
+ window; if not, it is unenforceable.
+
+ ## Composition
+
+ - For statewide format: `ga-statewide-format`
+ - For drafting the motion to open/set aside or the garnishment
+ claim/traverse: `ga-draft-motion`
+ - For the supporting sworn showing / affidavit (required under
+ § 9-11-55(b)): `ga-draft-declaration`
+ - For a proposed order opening default or sustaining a claim:
+ `ga-draft-order`
+ - For deadline computation (15-day open-default, 30-day post-trial,
+ dormancy/revival clocks): `ga-deadlines`
+ - For debt-buyer-specific defenses behind the default attack:
+ `ga-consumer-debt`
+ - For venue mechanics: `ga-state-court`, `ga-magistrate`
+ - For citation verification: `ga-fact-check`
+
+ ## References
+
+ - `references/open-default-9-11-55.md` — O.C.G.A. § 9-11-55: the
+ 15-day right (a), the post-15-day grounds and four mandatory
+ conditions (b), and the *Bowen v. Savoy* "proper case" analysis
+ - `references/set-aside-9-11-60.md` — § 9-11-60(d) grounds, the
+ § 9-11-60(f) three-year limit, and the no-limit rule for void
+ judgments
+ - `references/garnishment-defense.md` — the post-2016 chapter
+ (§§ 18-4-1 to 18-4-90): process/answer § 18-4-4, wage limit
+ § 18-4-5, continuing garnishment § 18-4-20 et seq. / § 18-4-53,
+ the § 18-4-15 claim/traverse and § 18-4-93 timing, with the
+ *Strickland v. Alexander* background
+ - `references/ga-exemptions.md` — § 44-13-100 opt-out exemption
+ schedule with the unused-homestead spillover into the wildcard
+ - `references/judgment-dormancy-revival.md` — § 9-12-60 dormancy,
+ the GED/fi. fa. refresh, and § 9-12-61 revival