Willett Lincoln-Mercury, Inc. v. Larson

Banke, Judge.

The plaintiff in this garnishment action obtained a default judgment against the garnishee for the full amount of a default judgment previously entered against the defendant debtor. Although properly notified that the garnishment judgment had been entered, the garnishee failed to seek relief within 60 days under the provisions of Code Ann. § 46-509 (as amended through Ga. L. 1980, pp. 1769, 1773); however, several months later it moved to set the judgment aside pursuant to Code Ann. § 81A-160 (d), contending that the underlying default judgment against the debtor, which had been…