How To Stop A Garnishment in Georgia

Kelly Bankruptcy Podcast
Kelly Bankruptcy Podcast
How To Stop A Garnishment in Georgia


Hello, this is Jeff Kelly, and today I’d like to talk to you about stopping a garnishment in Georgia. When your employer is served with the garnishment, it is extremely important that you take action as soon as you can. If you don’t do anything, if you try to ignore it, here’s what’s going to happen, the creditor is going to take up to 25% of your net paycheck. In other words, if you take home $500 a week, they’re going to get $125 a week. Here’s how the garnishment process normally works in Georgia.

First, the creditor is going to file a lawsuit against you. In most cases, the local sheriff is going to drive up to your house and serve with court papers. You know if you dispute this claim, if you think somebody’s trying to pull a fast one on you and you don’t really owe this debt, you really need to hire an attorney and you need to respond to this lawsuit, you need to get an answer filed within 30 days of being served. Otherwise, a creditor is going to obtain a default judgment against you. Once they obtain the default judgment, the creditor is then going to apply for a garnishment and the court will then serve papers on your your employer.

Now, this is really important to note. If you’re the court papers are going to 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 core that ordered the garnishment. Once the money is received by the court, the court will forward the funds to the creditor. Now, if your employer screws this up, they could be on the hook for a lot of money for the entire judgement.

In Georgia, if your employer messes up the garnishment they’re going to like I said they could be held liable for the entire amount of the debt. So how happy do you think your employer is going to be if they end up having to pay a large sum of large lump sum of money because you got garnished?

In contrast when you file a Chapter 13 It not only protects you from collection it also protects your employer from messing up a garnishment as long as the bankruptcy filing gets communicated to the creditor. Now when you file a Chapter 13 of my office, we’ll file a plaintiff’s day with court where your garnishment was filed. In addition, we will send a copy to your employer the employment deduction order, which has the bankruptcy judge’s signature on it.

So this current is going to be stopped. If you can bring us a fax number to your payroll department, this is going to speed things up a lot because we can get a copy of this order to your employer much faster. Now chapter 7 can also stop a creditor from garnishing your paycheck as well.

Don’t sit back and pretend like it’s not happening. Don’t Don’t try to hide this garnishment it’s not going to go away by itself. I’ve seen so many Georgia consumers who will just sit back and allow themselves to be garnished for months before coming to see me during this time they miss mortgage payments in this car payments, because so much money is being taken out of their paycheck every week. Some clients leaving let their car get repossessed or let their house get foreclosed. You don’t have to miss car payments, you don’t have to miss mortgage payments because of some creditor or trying to garnish your wages.

Let’s take a look at the entire picture and come up with a plan that is going to stop this action against you. Never, it never hurts to explore all your options. Call me today for your free consultation 7062950030 Thank you Have a great day.

Jeff Kelly