The Georgia Wage Garnishment Law allows creditors to seize wages and other property to pay off debts. This process is governed by both federal and state law. In general, federal laws protect debtors, but Georgia has adopted them to protect workers. The following are some of the protections offered under the Georgia Wage Garnishment Law. Read the details below to better understand your rights. Also, read this article for tips to prevent wage garnishment.
Under Georgia law, creditors can only garnish twenty-five percent of your paycheck, or 25 percent of your disposable income. It’s important to know that garnishment is not allowed if you’ve never defaulted on a bill. Before creditors can garnish your wages, they must first file a lawsuit and win it. This can be a very stressful situation. However, if you understand the Georgia Wage Garnishment Law, you can better defend yourself against this debt collection practice.
When a creditor gets a judgment, they will file an Affidavit of Continuing Garnishment of Wages with the Georgia court. Once the garnishment is approved, the judgment creditor will serve the papers to the employee. The employer must then explain why they are leaving employment and send the money to the garnishment court. The garnishment court will forward the money to the creditor.
Despite the benefits of filing for bankruptcy, you need to understand the risks. Bankruptcy can cause you to lose property. Whether or not you can afford to lose it is a big decision. However, filing bankruptcy can stop a single wage garnishment. If the situation continues, you may need to seek alternative solutions to your debts. If this is the only option, you may want to seek the help of an experienced Georgia bankruptcy attorney.
While the federal government can also garnish wages, it must first obtain a court judgment before they can do so. To garnish wages without a court judgment, the IRS or another government agency must first obtain a judgment. This is known as a “levy.” It can take up to 25 percent of your disposable income. The amount may vary depending on the type of debt. A debtor may also garnish wages to collect unpaid child support or a default student loan.