Georgia Affidavit of Continuing Garnishment (MAG-35-32): Collecting on a Judgment Under O.C.G.A. Section 18-4-41

If you have won a lawsuit in Georgia Magistrate Court and the losing party (the defendant) has not paid the judgment, you may be entitled to collect by garnishing their wages or bank accounts. The Georgia Affidavit of Continuing Garnishment (MAG-35-32) is the legal form you must file to begin this process. Under Georgia law, this affidavit must be notarized before the court can issue a summons of garnishment.

What Is the Affidavit of Continuing Garnishment?

The Affidavit of Continuing Garnishment is a sworn statement filed by a judgment creditor (the plaintiff) requesting the court to issue a summons of continuing garnishment against the defendant's wages. Once approved, the garnishment requires the defendant's employer (the garnishee) to withhold a portion of the defendant's wages each pay period and send those funds to the court to satisfy the judgment.

This form is governed by O.C.G.A. Section 18-4-41 and is specifically designed for garnishing wages on an ongoing basis, as opposed to a one-time garnishment of a bank account. The standard form is published by the Georgia Magistrate Council as Form MAG-35-32 (or the updated version, new-mag-35-32r).

When Is This Form Used?

This form is appropriate when:

• You have obtained a money judgment in Georgia Magistrate Court (up to $15,000)
• The defendant has an employer located in the same county as the court
• You need to collect the debt through ongoing wage deductions
• You are NOT seeking garnishment for child support or alimony (a separate form exists for that purpose under O.C.G.A. Section 18-4-73)

Why Does Georgia Law Require Notarization?

Georgia law requires the affidavit of garnishment to be notarized because it is a sworn statement made under oath. By signing before a notary public, the plaintiff swears that the facts stated in the affidavit — including the amount owed, the existence of the judgment, and the identity of the garnishee (employer) — are true and correct. This notarization requirement, rooted in O.C.G.A. Section 18-4-3, serves several important purposes:

• Prevents fraud: The notary verifies the plaintiff's identity and ensures they are signing knowingly and voluntarily
• Establishes a record: The notarization creates an official record that the affidavit was properly sworn
• Provides accountability: Making false statements on a notarized affidavit can carry penalties for perjury

As the Meriwether County Magistrate Court explains: "The Affidavit of Garnishment must be notarized." Without a notary's seal and signature, the court cannot accept the filing.

Additional Filing Requirements

In addition to the notarized affidavit, you will need to file the following with the court:

• Summons of Continuing Garnishment (MAG-35-38)
• Garnishee Answer to a Continuing Garnishment form
• Notice to Defendant of Right Against Garnishment (O.C.G.A. Section 18-4-82)
• The correct filing fee (typically around $106, though amounts vary by county)

Where to Get the Official Form

The official Georgia Affidavit of Continuing Garnishment form is available from the Georgia Magistrate Council website. You can download it directly here:

Download the Official Georgia Affidavit of Continuing Garnishment (MAG-35-32)

You can also find all garnishment-related forms on the Georgia Magistrate Council Forms page.

Important Tips

• Make sure you select the correct type of garnishment — using the wrong form can invalidate the entire proceeding (O.C.G.A. Section 18-4-7(d))
• You must serve the defendant with copies of the garnishment documents within specific time limits (O.C.G.A. Section 18-4-8(b))
• The total judgment amount, including interest and costs, cannot exceed $15,000 in Magistrate Court
• If you have questions, consult an attorney — court clerks cannot provide legal advice (O.C.G.A. Section 15-19-51)

Need this document notarized? Find a trusted notary in your area on Notary of Gwinnett.