Rule 15. DEFAULT JUDGMENTS · Last amended 1991 · Last verified July 17, 2026
In one sentenceRule 15.1 authorizes the clerk of superior court to supervise the start of garnishment proceedings, including the affidavit, as long as the clerk confirms the affidavit is based on personal knowledge and meets Georgia’s required elements and that proper forms and procedures are followed, referring questionable matters to the presiding judge, and separately authorizes a judge’s facsimile signature to be affixed to a garnishment affidavit in all cases, as the presiding judge determines.
Full Text of Rule 15.1
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In accordance with OCGA §18-4-61 (5), the clerk of superior court is authorized to supervise initiation of the garnishment proceedings and the affidavit, provided the clerk determines:
(A) That the affidavit is on personal knowledge and contains all elements required by Georgia law;
(B) That the garnishment proceedings are carried out through the use of proper forms in the filing of garnishments and in accord with Georgia law;
(C) That any questionable matter concerning these procedures be presented to the presiding judge for determination and in all cases a judge’s facsimile signature may be affixed to an affidavit of garnishment as determined by the presiding judge.
Plain-English Summary
Rule 15.1 hands the clerk of superior court a supervisory role in starting garnishment proceedings, rather than requiring a judge’s individual attention to every garnishment affidavit filed. That authority traces to OCGA § 18-4-61(5) and comes with conditions the clerk has to satisfy before signing off.
Three checks apply. The clerk confirms the affidavit is based on personal knowledge and includes every element Georgia law requires for a garnishment affidavit. The clerk also confirms the garnishment proceeding uses the proper forms and follows Georgia procedure. And if anything about the filing raises a genuine question, the clerk does not resolve it alone — that matter goes to the presiding judge for determination. Separate from that questionable-matter referral, the rule also authorizes a judge’s facsimile signature to be affixed to an affidavit of garnishment in all cases — not only disputed ones — as the presiding judge determines.
Frequently Asked Questions
What authority does Rule 15.1 give the clerk of superior court?
To supervise initiation of garnishment proceedings and the affidavit, under OCGA § 18-4-61(5).
What must the clerk confirm about the affidavit before proceeding?
That it is on personal knowledge and contains all elements required by Georgia law.
What must the clerk confirm about the garnishment process itself?
That it is carried out through proper forms and in accord with Georgia law.
What happens if a questionable matter arises in a garnishment filing?
It must be presented to the presiding judge for determination.
Can a judge’s signature on a garnishment affidavit be a facsimile?
Yes. The rule authorizes a facsimile signature on an affidavit of garnishment in all cases, not just ones involving a questionable matter, as determined by the presiding judge.
Amendment History
Rule 15.1 adopted effective January 31, 1991.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
Also known as:georgia garnishment clerk supervision ruleUSCR 15.1OCGA 18-4-61 garnishment clerk authoritygarnishment affidavit requirements georgia superior courtfacsimile signature on garnishment georgia