A receiver shall not be subject to the process of garnishment.
§ 9-8-12.Garnishment not available against receiver
Chapter 8. Receivers · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-8-12 places a Georgia receiver beyond the reach of garnishment, so a creditor of the person or business whose property sits with the receiver can’t use that collection process to pull funds or assets out of the receivership.
Full Text of § 9-8-12
Plain-English Summary
This is one of the shortest provisions in the chapter, and its rule is direct: a receiver isn’t subject to garnishment. A creditor of someone whose property sits with a receiver can’t use a garnishment action against the receiver to reach funds or assets in the receiver’s hands.
That protection follows from the receiver’s role as a court’s own officer, holding property for the benefit of everyone with a stake in it, under the court’s continuing supervision. Allowing outside creditors to garnish the receiver directly would let them jump the line and pull assets out of the receivership through a separate legal process, bypassing the court overseeing the case.
Someone who wants to assert a claim against receivership property still has an avenue — intervening in the receivership case itself — but garnishment against the receiver isn’t one of the tools available.
Frequently Asked Questions
Can a receiver be garnished under Georgia law?
No. The section states that a receiver shall not be subject to the process of garnishment.
Does this section prevent all claims against receivership property?
No, it addresses garnishment specifically; it doesn’t speak to other ways of asserting a claim against the property.
Why might Georgia law shield a receiver from garnishment?
The text doesn’t state a reason, but the rule keeps assets held by the receiver, an officer of the court, from being pulled out through an outside collection process.
Who is protected by this rule — the receiver personally or the property in the receivership?
The rule protects the receiver from being made subject to garnishment, which in effect shields the property the receiver holds from that process.
Does the section limit itself to a particular kind of receiver?
No. It refers broadly to “a receiver,” without limiting the rule to a specific type of receivership.
Amendment History
Orig. Code 1863, § 3475; Code 1868, § 3495; Code 1873, § 3553; Code 1882, § 3553; Civil Code 1895, § 4910; Civil Code 1910, § 5485; Code 1933, § 55-311.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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