How does wage garnishment work in georgia

If your creditors are garnishing your paycheck or threatening to start, call or text DebtStoppers today to schedule your free consultation with one of our practiced bankruptcy lawyers.

We can help you avoid wage garnishments and stop struggling under the weight of your debts. DebtStoppers is proud to be one of the few law firms in the U. Call or text us to set up a free consultation with an experienced bankruptcy lawyer near you. How To Stop Wage Garnishment in Your State You can quickly and legally stop creditors from garnishing your earnings by filing for bankruptcy. Definition Wage garnishment is a legal process that allows your creditors to obtain a court order to directly receive a portion of each paycheck.

How To Check Your Balance? Some states require lenders to provide you with a periodic reporting of the amount garnished. If your state does not require reporting, you can petition the court for an accounting.

Another way of voiding a judgment is if the debtor was in the military and was deployed at the time the lawsuit was filed, then there is a Soldiers and Sailors Relief Act that requires creditors to make sure that the debtor is not deployed at the time of filing suit; if that is the case, then the debtor can petition the court to vacate the judgment. The problem with voiding a judgment as a way to stop a garnishment is that you have to go backwards into the old lawsuit wherein the creditor originally obtained the judgment first.

That is, you must petition the court where the judgment was rendered to reopen the case costs money and then go to that court and present evidence that the judgment is void. Then, if you succeed there, then you take that order voiding the judgment into the garnishment case. If you do wish to reopen the original lawsuit, the court is still going to allow the garnished funds to be drafted and held in the court registry pending the resolution of the case.

That means, if you have cash flow issues, this is not a great option for you. So, if you do not have the time and money to traverse a garnishment, then you may have better luck settling the debt. Debt settlement at the garnishment stage is more successful if you offer a one-time lump sum to settle the debt. For example, if you were not served with the lawsuit and can prove it through, say, a lease showing you lived elsewhere at the time, you may be able to use that to show the creditor you could win a traverse; but, in the interest of saving time and money, you would rather settle the debt.

If the creditor accepts your offer of settlement, then it will dismiss the garnishment, stop collecting on the account, and cancel any liens against you. If you successfully settle the debt for a lump sum of money less than the total balance of the debt, then you could received a for income cancelled debt from the creditor.

Many folks wish to use bankruptcy as a last resort when they receive a garnishment notice. The minute you file a bankruptcy case and get a case number, the creditor is required to release the garnishment of wages or bank funds.

Evaluating whether you should file bankruptcy or look at other alternatives requires a look at your overall financial circumstances. Thus, it is important to contact an attorney who is licensed in Georgia to assist you with determining what the best option is for you when a garnishment is filed against you.

To consult with an attorney, please call Submit a Law Firm Client Review. How to Stop a Garnishment in Georgia When your pay check or bank account is being garnished by a creditor, you have a limited amount of time to stop the garnishment before the money is paid to the creditor. Human resources HR and payroll employees who are not attorneys are allowed to process the orders. Employers may also use third-party vendors and outside counsel to process the orders. Benefits from a pension or retirement program are exempt from garnishment until actually paid to the employee.

Such pension payments are then subject to the laws regarding maximum garnishments. Disposable earnings. Garnishments and Attachments Checklist.