Southeast Ceramics, Inc. v. Ervin Co.

Pannell, Judge.

Upon failure of a garnishee to answer within the time required, a judgment was taken by the plaintiff in fi. fa. in the Civil Court of Fulton County against the garnishee for the full amount of the judgment against the defendant in fi. fa. The garnishee, within the time provided, filed its motion to modify the judgment under Code § 46-406, as amended by the Act of 1970 (Ga. L. 1970, pp. 724, 725; Code Ann. §46-406) which provides that: "... on motion not later than one year from the date any judgment so obtained is recorded on the General Execution Docket, garnishee or sureties…