Companies Now Required to Use Attorney When Answering Garnishments

On September 12, 2011, the Georgia Supreme Court adopted an informal State Bar of Georgia opinion stating that any non-lawyer who answers a garnishment in Georgia is engaging in the unauthorized practice of law.  This decision means that all companies must now use an attorney licensed in Georgia when answering a summons of garnishment.  If a company does not have in-house counsel, then it must engage outside counsel to review and prepare the answers to a summons of garnishment.  Any non-lawyer employee who answers on behalf of a company will effectively be engaging in the unauthorized practice of law, and the court may issue a default judgment against the company because the answer was not filed by a licensed attorney.