Title 18, Chapter 4, Section 61
( 18-4-61)
The plaintiff, the plaintiff's attorney at law, or the plaintiff's
agent shall make, on personal knowledge, an affidavit setting forth
that the plaintiff has a judgment against a named defendant, the
amount claimed to be due on the judgment, the name of the court
which rendered the judgment, and the case number thereof. Upon the
filing of the affidavit with the clerk of any court having
jurisdiction over the garnishee, the clerk shall cause a summons of
garnishment to issue forthwith; provided, however, that the
affidavit shall first be made and be approved as containing the
information required by this Code section in one of the following
ways: (1) The affidavit may be made before and approved by a judge of
the court in which the garnishment proceeding is filed; (2) The affidavit may be made before and approved by a judge of
the court that rendered the judgment upon which the garnishment is
based; (3) The affidavit may be made before and approved by a judge of
any court of record; (4) The affidavit may be made before any officer authorized to
administer oaths, including a notary public, provided that the
affidavit is then submitted by mail or in person to any judge of a
court specified in paragraph (1), (2), or (3) of this Code section
and is approved by him; or (5) The affidavit may be made before the clerk or deputy clerk of
the court in which the garnishment is filed or before any officer
authorized to administer oaths, including a notary public, and may
be approved by the clerk or deputy clerk if the judge or judges of
the court promulgate rules supervising the initiation of the
garnishment proceedings and the affidavit is made and approved
pursuant to such rules. No court rule or practice shall preclude a
plaintiff from proceeding pursuant to paragraph (1), (2), (3), or
(4) of this Code section. |