GA Judgment reversed, as creditor substantially complied with notice requirements.
Judgment reversed in Cook v. NC Two, L.P., 303 Ga. App. 797 (2010), in which Court of Appeals held that creditor substantially complied with notice requirements of O.C.G.A. § 18-4-64 (a) when it sent written notice by mail of garnishment to judgment debtor eight business days after service of summons on garnishee/bank; Court of Appeals erred in finding that creditor’s untimely notification to judgment debtor substantially complied with requirements of § 18-4-64 (a), which plainly and unambiguously requires notice to judgment debtor within three business days when creditor decided against serving judgement debtor pursuant to Civil Procedure Act.
Cook v. NC Two LP, S10G1374 (07/05/11)
Fulton County Daily Report, July 15, 2011
3 Day Notice in 8 “Substantially Complies” With Statue
Denial of debtor’s traverse to creditor’s garnishment action against bank, AFFIRMED; creditor filed action seeking to garnish funds from debtor’s bank account and also sent debtor written notice of action via U.S. mail; notice was effective, because it substantially complied with statutory requirements – statue required notice to be sent not more than three days after service of summons of garnishment on bank and creditor sent notice in eight days.
Cook v. NC Two LP, A10A0661 (04/21/2010)
From: Fulton County Daily Report (05/07/2010).
