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GA -- Which court to garnish in? State or Magistrate?

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Cobbscout

Junior Member
What is the name of your state? Georgia

I won a lawsuit in the Magistrate court (small claims) in Cobb county where the defendant/debtor lives.
He works at a hotel in Fulton county for a national chain hotel.
The registered agent for the hotel is locate in Gwinnett county.

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I've decided to garnish the defendant's work wages by having the registered agent served with the papers.
Why, you ask. Because Fulton county is more expensive and a pain-in-the-as@ to deal with about garnishments.

My question is: does it matter, when I file my garnishment in Gwinnett county, if it is in the Magistrate court or the State court? Is there a legal reason that it must be filed in State court and not Magistate? Maybe because the case was adjudicated in Cobb county and not Gwinnett (crossing county lines)?

Magistate court garnishments cost $71, while State court garnishments cost $103, in Gwinnett county. Why pay the extra $$ if I don't have too.

:confused:
 


sidney3949

Junior Member
Sate court

You will file in state court...I also won a judgement in Cobb and had to file a garnishment in fulton where the defendant works state court...
 

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