Stopping Wage Garnishment In Georgia
WAGE GARNISHMENT IN GEORGIA
PLEASE NOTE: PART OF THE GEORGIA GARNISHMENTS LAW HAS BEEN DECLARED UNCONSTITUTIONAL. TO LEARN MORE ABOUT THIS, CLICK HERE.
When your employer is served with Georgia garnishments, it is extremely important that you take action as soon as you can. If you do nothing, the creditor is going to garnish up to 25 percent of your net paycheck.
Here is how the garnishment process process normally works in Georgia. First, a creditor will file a lawsuit against you. In most cases, the local Sheriff will drive up to your house and serve you with the court papers. If you dispute the claim being made against you, you must defend yourself in court. Otherwise, the creditor will obtain a default judgment against you.
Second, once they obtain the judgment, the creditor will then apply for the garnishment. The court will then serve papers on your employer. The court papers will clearly state that your employer has 45 days to start taking money out of your paycheck or explain to the court that you no longer work there. The employer will then send the money to the court that ordered the garnishment. Once the money is received by the court, the court will forward the funds to the creditor.
Your garnishment could end up costing your employer a lot of money!
In Georgia, if your employer messes up the garnishment, they can be held liable to the creditor for the entire amount of the debt. How happy is your employer going to be with you if they end up having to pay a large lump sum to the creditor? When you file a Chapter 13, it not only protects you from collection, but it also protects your employer from messing up a garnishment as long as the bankruptcy filing is communicated to the creditor.
When you file Chapter 13 with my office, we will file a plea of stay with the court where your garnishment was filed. In addition, we will send a copy of the Employer Deduction Order, which has the bankruptcy judge’s signature on it, to your employer so that the garnishment will be stopped. If you bring us the fax number to your payroll department, this will help us notify your employer even faster. Chapter 7 also stops a creditor from garnishing your paycheck.
Don’t let yourself get garnished! It won’t go away without damaging your financial health.
I have seen Georgia consumers who have allowed themselves to be garnished for months before coming to see me. During this time, they missed mortgage payments and car payments because of the large amount of money that was being taken out of their check as a result of the creditor lawsuit. Some clients even let their car get repossessed or house foreclosed. You don’t have to miss car payments and mortgage payments because of creditor lawsuits. We can come up with a plan to stop this creditor action against you.
It never hurts to explore all of your options. Call me today at 770.809.3099.
DISCLAIMER : The information contained on this page is for information only. It is not intended to be legal advice, nor should you make legal decisions based on this information. Please consult with me to see how the law applies to your particular situation. We are a debt relief agency. We help people obtain relief from their creditors by helping people file bankruptcy.
Get your Free Guide
A Guide to Bankruptcy in Georgia
Helping People Get Out of Debt
"Jeff and his team do great work. They are fast and easy to work with. I would suggest working with them if you need to file for bankruptcy. Thanks Kelly Law Group!
"The staff was great helpful always there to answer our questions courteous would highly recommend Mr Kelley and his office staff Great Job. Thanks. Mary and Philip Abrams."
"They really helped me to feel comfortable and explained everything in detail and made sure I understood the process from start to finish. I recommend them highly. Thank you guys."
"Mr Kelly was very professional and charming. He explained everything, took time for me to decide the right course to take in my situation. He is also funny I would recommend him to anyone looking for an honest attorney who has a heart."
"Extremely professional. Helpful and knowledgeable every step of the way. Make you comfortable from the get go and never make you feel like they are judging you. Each and every person I talked to was so nice."
"I would love to just tell you THANK YOU!! Without your help my family would have been destitute. Now that my case has been completed successfully, it is the biggest RELIEF to not have to wonder how to make ends meet."
Request a free case evaluation
Fill the form or Reach us by Phone 770.809.3099