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Cook v. NC Two LP

O.C.G.A. § 18-4-64 a plainly and unambiguously requires notice to the judgment debtor within three business days when the creditor decides against serving the judgment debtor pursuant to the Civil Procedure Act.

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In Cook v. NC Two, L.P. , 303 Ga. App. 797 695 SE2d 284 2010, we affirmed the trial court’s order denying Kenneth Cook’s traverse to a garnishment action. Our Supreme Court granted certiorari in Cook v. NC Two, L.P. , 289 Ga. 462 712 SE2d 831 2011, and reversed. Accordingly, our previous opinion is vacated, the judgment of the Supreme Court is made the judgment of this Court, and the judgment of the trial court is reversed. Judgment reversed. Ellington and Doyle, JJ., concur.

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