4.33 Notice to Defendant: [OCGA 18-4-8(b)] - written notice must be served on the Defendant in at least one of these ways - statute is strictly construed [Cook v. NC Two, L.P., 289 Ga. 462, 712 SE2d 831 (2011)]:

A. The notice shall consist of a copy of the summons of garnishment a copy of the affidavit, a copy of the Notice to Defendant of Right[s] and a Claim form,

B. The Plaintiff has the burden of giving the judgment debtor, or Defendant, notice of the garnishment by having a copy of the summons of garnishment served on Defendant not later than 3 business days after service on garnishee.[Cook v. NC Two, L.P., 289 Ga. 462, 712 SE2d 831 (2011)] 3 day rule now applies to ALL methods of service (within 3 days of service on the garnishee). OCGA § 18-4-8(b)(1).

1. Service by Mail:

a. mail a copy of the summons of garnishment to the Defendant at Defendant's last known address by registered or certified mail or statutory overnight delivery, return receipt requested, and simultaneous regular mail.

AND

b. evidence of mailing and receipt must be filed with the clerk of court,

OR

2. The notice may be sent by ordinary mail to the address at which the Defendant was served in the suit resulting in the judgment on which the garnishment is based, if defendant resides out of state, has departed the state cannot (after due diligence) be found within the state or is secreting himself. Requires an affidavit attesting to these reasons for ordinary mail. OCGA § 18-4-8(b)(1)(C).

3. The Plaintiff or Plaintiffs agent may also deliver personal notice by a variety of persons Defendant not later than 3 business days after service on garnishee. See OCGA § 18-4-8(b)(1)(B)(i). While this list of persons authorized to perform personal service is similar to OCGA 9-11-4, it is specific to the Garnishment statute and the person must be one of those listed in OCGA 18-4-8(b)(1)(B)(i)(I)-(VI).

C. If the judgment debtor (Defendant) is not served with a copy of the summons of garnishment immediately after the garnishment is filed (not later than 3 business days after service on the garnishee) the proceeding is invalid.

D. One should note that service by any of the mail or statutory overnight delivery methods includes the mailbox rule, that is, service is effective upon mailing. Also, that if a service method fails, a Plaintiff gets to try again and it relates back to the original attempt at service. OCGA 18-4-8(b)(2). Time period tolled as long as first attempt was in good faith.

NOTE When certified mail notice is sent to the garnishee and delivery is refused, garnishee has actual notice [208 Ga.App. 694, 431 SE2d 712 (1993)]. OCGA § 18-4-8(b)(1)(A)(iii).