Judge Harold R. Banke
North Georgia Medical Center obtained default judgment against Food Lion, Inc. when Food Lion failed to answer a summons of continuing garnishment. Food Lion paid all accrued costs of court and moved within the required 60 days to modify and reduce the judgment. See OCGA § 18-4-91. North Georgia opposed the motion on the ground that the attorney signing the motion was not licensed in Georgia.
Outside the 60-day period, Food Lion moved to amend its motion by substituting in the name and signature of a licensed Georgia attorney. The court allowed the amendment and reduced the judgment. North Georgia appeals, contending the original motion was a nullity and could not be resurrected after the 60 days had run. Held:
An attorney licensed in Georgia must represent a corporation in a proceeding in a Georgia court of record. Eckles v. Atlanta Technology Group, 267 Ga. 801 ( 485 S.E.2d 22) (1997). Under OCGA § 9-11-15(a) of the Civil Practice Act, a pleading signed by an unlicensed attorney or by a non-attorney may be cured by an amendment substituting in a licensed attorney prior to the entry of the pre-trial order. Bandy v. Hosp. Auth. of Walker County, 174 Ga. App. 556, 557(1)(b) ( 332 S.E.2d 46) (1985); see McCormick v. Acree, 232 Ga. App. 834, 836 ( 503 S.E.2d 88) (1998) (physical precedent only). The amendment relates back to the filing date of the original pleading. Id.
The cases cited by North Georgia ( Howell v. Styles, 221 Ga. App. 781, 783(3) ( 472 S.E.2d 548) (1996), Magnan v. Miami Aircraft Support, 217 Ga. App. 855, 858-859(5)(b) ( 459 S.E.2d 592) (1995), Leasefirst v. Paulk, 200 Ga. App. 497, 498(1) ( 408 S.E.2d 707) (1991)) are distinguishable, for in none of these did the offending party seek to amend the defective filing by substituting in a licensed attorney.
Does this principle apply to OCGA § 18-4-61 motions filed in garnishment proceedings? The Civil Practice Act, and specifically OCGA § 9-11-15(a), applies in garnishment proceedings. OCGA § 18-4-1; Horizon Credit Corp. v. Lanier Bank c. Co., 220 Ga. App. 362, 363(1) ( 469 S.E.2d 452) (1996). OCGA § 18-4-3 also provides that garnishment pleadings are amendable any time before judgment thereon. Motions to modify filed under OCGA § 18-4-61 are considered garnishment pleadings. See Accredited Assoc. v. Shottenfeld, 162 Ga. App. 575, 576(1) ( 292 S.E.2d 417) (1982); Chambers v. Almond, 146 Ga. App. 46, 47(1) ( 245 S.E.2d 336) (1978).
Accordingly, prior to judgment thereon, a motion filed under OCGA § 18-4-91 may be retroactively amended to substitute in the name and signature of a licensed Georgia attorney.
Judgment affirmed. Blackburn, P.J., and Barnes, J., concur.
Judge Harold R. Banke
DECIDED MAY 12, 1999