How Do I Stop Wage Garnishment in Georgia?
If you are facing wage garnishment in Georgia, an experienced Northwest Georgia bankruptcy lawyer from Bournakis and Mitchell, P.C. can help.
Reliable Bankruptcy Attorney Serving Northwest Georgia
Wage garnishment is a legal process where an employer (garnishee) withholds a portion of a debtor’s wages to repay creditors. If you are facing garnishment in Georgia, an experienced Northwest Georgia bankruptcy lawyer from Bournakis and Mitchell, P.C. can examine the facts of your situation and help you seek a valuable outcome.
What Does the Wage Garnishment Process Look Like?
No matter how far behind a debtor is on payments, the lender or creditor must schedule a court hearing. Most jurisdictions require notification of the debtor regarding the time, date, and place of the hearing.
During the hearing, the judgment creditor must prove that the debtor owes money and that the debtor has failed to make the required payments.
If the court agrees, it will order the debtor’s employer to withhold a certain amount from the debtor’s earnings to repay the debt. The garnishment continues until the debt is paid in full, the creditor agrees to stop the seizure, or the court dismisses the case.
Debts That Can Be Repaid by Wage Garnishments
- Student loans
- Personal loans
- Judgments from court cases
- Unpaid child support
- Back taxes
Typically, the employer must notify the debtor in writing before the garnishment begins. As a severe consequence, garnishment usually continues until the debt is completely paid off, but there are certain protections for the debtor under state and federal law.
The Consumer Credit Protection Act (CCPA) dictates that creditors cannot garnish more than 25% of the debtor’s disposable income or the amount by which the debtor’s disposable income exceeds 30 times the federal minimum wage, whichever is less. In addition, debtors cannot be fired due to garnishment in Georgia.
At Bournakis and Mitchell, P.C., our reliable Northwest Georgia bankruptcy attorney can provide legal advice and represent you in court.
What Is Exempt From a Judgment in Georgia?
Certain types of income are exempt from garnishment in Georgia. The following list includes the most common forms of income that are protected:
- Social Security benefits
- Unemployment benefits
- Workers’ compensation benefits
- Disability benefits
- Pension payments
If you have questions about garnishment in Georgia or any other aspect of bankruptcy, don’t hesitate to contact our office for a free consultation. We have the experience and knowledge to help you seek a beneficial outcome in your garnishment case.
How Long Does a Judgement Last in the State of Georgia?
Once the creditor obtains a default judgment, it will remain on the debtor’s credit report for seven years.
The creditor can renew their judgment before the expiration of seven years, to keep the judgment enforceable. If it’s not renewed within that period, the judgment becomes dormant or unenforceable.
What Are My Options If I Cannot Pay a Judgement?
If a debtor cannot pay a debt that has been subject to wage garnishment, they may file for Chapter 7 or Chapter 13 bankruptcy.
Bankruptcy can provide debt relief by wiping out most of the debtor’s debt. Additionally, the automatic stay provision in bankruptcy will stop any wage garnishments from occurring.
If you are considering filing bankruptcy as an option to stop wage garnishment, please get in touch with a debt relief agency for a free bankruptcy evaluation.
Bournakis and Mitchell, P.C. can provide reliable legal services to stop Georgia garnishment. Our experienced bankruptcy lawyer can help you seek the best option for your garnishment case.
Thorough Representation for Wage Garnishment Proceedings
If you cannot arrange to avoid garnishment, having the proper documentation can make a difference in the court hearing and may enable you to request that the court review the garnishment order. This documentation includes proof of attempted payments, proof of income and expenses, and proof of attempting to negotiate a different payment schedule.
Our experienced Northwest Georgia bankruptcy lawyer can help you gather the proper documentation and represent you in court. We strive to provide the best legal counsel available to help our clients seek a positive solution.