Swift and Sure Justice

I got a judgment for a client last summer. I found out where the Defendant worked and filed a Garnishment action (the employer has to pay 25% of the Defendant’s after tax income into court each month to pay my client).

In Georgia when you garnish an employer it is “continuing” for six months. If the judgment isn’t paid off by that point, you have to re-file for an other six months, etc.

The Garnishee (employer) never served an Answer to the garnishment summons; but, I got a check from the Clerk of Court twice during the last six months. At a point, I filed a motion for default against the employer, which has languished. I found out today why.

Though I have a pending motion in the original case, I had to file a new case to keep the sporadic payments coming. So I looked at the statute. I only had to file a new Summons, the original “Affidavit of Garnishment” was good for two years from the date of the original action. But, I had to go in person because from past experience, though the statute says that the Summons has to be signed by me in the presence of a notary, clerks in Metro Atlanta won’t file it unless you are standing in front of them, swear what you wrote is true and they notarize your signature.

So I prepared a new Summons and went down to the Clerk’s office. The assistant clerk looked at my paperwork and said “you don’t have an affidavit.” Me: “the statute says the original affidavit is good for two years.” Her: “you don’t have an affidavit.” Me: “I think you’re wrong, but I’m going to do what you tell me to do. Give me one, I’ll fill it out.” She was then happy.

When I file something with a court, I always get a “file stamped” copy to prove that it was filed. The first clerk was busy when I finished filling out the Affidavit. Another clerk had me raise my hand and swear and then stamped everything but put the original Summons in my pile of copies. Me: “don’t you need the Summons?” Her: “it’s part of that” pointing to the original Affidavit (that the Statute said I didn’t have to execute).

Don’t argue with clerks, it doesn’t get you anywhere. But, I still needed to find out why my Motion for Default was languishing, so I asked to see the file for the original filing. She got a stricken look on her face. “We don’t have a file.” Me: “Huh? You have a file, I’ve gotten two checks, I just want to look for the Answers the employer may have filed but didn’t serve on me and see what’s happening with my motion.” Her: “Oh, there’s paper, but it isn’t in a “file” yet, we aren’t up to that month yet.” Me: “you’re telling me you haven’t processed filings from last August?” Her: “yes, we’re up to somewhere in mid-summer; but, we’re only about two months behind in processing checks.” Me: “so you’re telling me that the payments I haven’t gotten are sitting somewhere in the office, you just haven’t deposited them and then cut a check to me?” She smiled because I now understood, “that’s right!” The mystery of my languishing motion was solved. The Answers had been filed, they with the accompanying checks, were somewhere behind the glass between me and the clerk. I thanked her.

I took both stacks of paper over to the cashier on the other side of the building and gave her the check. Here I ran into an endearing characteristic of this particular county’s bureaucracy. I had my choice of “filing” or “RUSH filing.” The difference? Filing doesn’t take place until three to four days later. RUSH filing is done that day. An extra fifteen bucks to actually file on the day you file.

I asked her “the clerk over in Garnishments said you don’t need the Summons, but you do, don’t you?” Her: “of course we do.” Me: “well here it is,” pulling it from my stack of copies.

She RUSH filed it in about fifteen minutes and gave it to another lady behind the glass. She wrote a case number on the papers and gave me my copies.

I walked to the parking lot and paid the machine seven bucks. I ate lunch with my cop friend and we traded stories about this particular county’s clerks office.

It’s good to be a lawyer, doing justice, slowly but surely, every day.