In this garnishment action, A. M. Buckler & Associates, Inc. “Buckler” appeals from an order of the Richmond County State Court that granted a traverse filed by “Joe Sanders d/b/a Sanders Golf.”1 Buckler contends that the trial court erred in finding that “Joe Sanders d/b/a Sanders Golf” is a legally recognizable entity separate and distinct from “C. R. Sanders, Inc.,” that the garnishee, Augusta National, Inc., assented to the modification of a contract between the garnishee and C. R. Sanders, Inc., and that the traverse filed by “Joe Sanders d/b/a Sanders Golf” was timely filed. For the following reasons, we affirm. Georgia’s garnishment statutes, OCGA § 18-4-1 et seq., are “in derogation of the common law and, thus, must be strictly construed.” Citation and punctuation omitted. Wachovia Bank v. Unisys Fin. Corp. , 221 Ga. App. 471, 474 471 SE2d 554 1996. See also Akridge v. Silva , 298 Ga. App. 862, 865 1 681 SE2d 667 2009 “Garnishment is purely a statutory proceeding and will not be extended so as to reach money or property of the defendant not made subject thereto by statute.” punctuation and footnote omitted. In a case such as this, in which a plaintiff has obtained a money judgment against a defendant, the plaintiff is entitled to file a garnishment action in a court which has jurisdiction over the garnishee, the person or entity which has in its possession money or property which belongs to the defendant and is subject to garnishment. OCGA § § 18-4-20 property subject to garnishment; 18-4-60 judgment creditor’s right to garnishment; 18-4-61 court must have jurisdiction over garnishee; 18-4-82 contents of answer of garnishee. A garnishment proceeding is an action between the plaintiff and the garnishee; but, at any time before a judgment is entered on the garnishee’s answer or before money or other property subject to garnishment is distributed, the defendant may become a party to the garnishment for the purposes set out in Code Section 18-4-652 by filing a traverse to the plaintiff’s affidavit stating that the affidavit is untrue or legally insufficient; and he shall be a party to all proceedings thereafter. OCGA § 18-4-93. Further, under OCGA § 18-4-95,
at any time before judgment is entered on the garnishee’s answer or money or other property subject to garnishment is distributed, any person may file a claim in writing under oath stating that he has a claim superior to that of the plaintiff to the money or other property in the hands of the garnishee subject to the process of garnishment; and the claimant shall be a party to all further proceedings upon the garnishment. If a defendant or other claimant files a traverse or adverse claim in a garnishment proceeding, the trial court must conduct an evidentiary hearing to determine the rights of the parties to the money or other property at issue. OCGA § 18-4-93; Akridge v. Silva , 298 Ga. App. at 867 4 In a garnishment action, “the question of ownership of the funds is one of fact for the trial court, as factfinder, to decide.” footnote omitted. “On appeal of the judgment of a trial judge sitting without a jury, a judgment will not be disturbed if there is any evidence to sustain it.” Citations and punctuation omitted. Travelers Ins. Co. v. Trans State , 172 Ga. App. 763, 765 3 324 SE2d 585 1984.
