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    rehall11's Avatar
    rehall11 Posts: 1, Reputation: 1
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    #1

    Jul 5, 2012, 03:38 PM
    Refund of Georgia garnishment - defendant not served
    The marshall's return of service showed that the person who signed to accept service for the garnishee also signed to accept for the defendant - at the defendant's his home address. The defendant had oved from that address months prior. Once the court is aware of the Marshall's error can the court order the plaintiff to send the funds back to the clerk. Shauld a traverse be filed.
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    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jul 5, 2012, 04:45 PM
    So you are saying that the defendant was not actually served; he or she had already moved previous to the time of service of the summons? When the default was entered didn't anyone read the receipt (By the way, in most places a person served isn't even asked to sign a receipt.)?

    Where do you fit in all of this? Are you the plaintiff, defendant, garnishee, or judge?

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