GILL et al v. HARTSHORN et al
Filing
305
ORDER denying 299 Application for Writ of Garnishment. Ordered by U.S. District Judge CLAY D LAND on 11/25/2014. (CGC)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
KAITLYN GILL, LAUREN GILL, and
DANIEL VAN GASKEN,
*
*
Plaintiffs,
*
vs.
*
LOREN GILL and ELM LEASING,
LLC,
Defendants.
CASE NO. 4:12-CV-77 (CDL)
*
*
O R D E R
The clerk previously entered judgment in favor of Plaintiff
Daniel Van Gasken and against Defendant Elm Leasing, LLC in the
amount of $2,984,214.05.
J., ECF No. 284; Am. J., ECF No. 288.
Van Gasken filed an Application for Writ of Garnishment (ECF No.
299).
to
Under Georgia law, garnishment proceedings are “ancillary
the
original
plaintiff/creditor
action
and
determining
a
defendant/debtor.”
debt
TBF
between
Fin.,
LLC
Houston, 298 Ga. App. 657, 657, 680 S.E.2d 662, 664 (2009).
a
v.
“A
garnishment proceeding is a distinct suit against a separate
party, and for an entirely new cause of action. . . .
It
involves different parties, different issues, and a different
cause of action; it requires a special place on the docket, and
a separate trial on the merits. . . .”
at 664 (internal quotation marks omitted).
Id. at 658, 680 S.E.2d
Given that a garnishment proceeding under Georgia law is
generally separate from the underlying action giving rise to the
debt, the Court declines to grant the application unless Van
Gasken demonstrates that it is properly before the Court.
Van
Gasken’s Application does not disclose a federal statutory basis
for
maintaining
provide
any
this
proceeding
authority
in
supporting
this
Court
and
jurisdiction
does
over
not
this
proceeding in this Court.
The Court does, at this time, approve the Affidavit of
Garnishment
submitted
by
Van
Gasken
(ECF
No.
299-2).
See
O.C.G.A. § 18-4-61(2) (stating that garnishment affidavit “may
be
made
before
and
approved
by
a
judge
of
the
court
that
rendered the judgment upon which the garnishment is based”).
IT IS SO ORDERED, this 25th day of November, 2014.
S/Clay D. Land
CLAY D. LAND
CHIEF U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA
2
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