Wage Garnishment in Georgia: Your Rights & Options

A wage garnishment order allows creditors to take money directly from your paycheck. Most creditors need a court judgment before they can do this. Wage garnishment can cause serious financial hardship. Understanding how the process works protects your rights. You can defend yourself against unfair garnishment. Georgia law sets specific rules that creditors must follow. Here’s what you need to know.

What Is Wage Garnishment?

Wage garnishment is a debt collection tool. Creditors use it to take a portion of your earnings. The money goes toward repaying an outstanding debt. Most creditors need a court order first. They can’t just start taking your wages. Federal and state laws limit how much they can take. The Consumer Credit Protection Act (CCPA) sets federal limits. Georgia state law provides additional protections.

Stop Wage Garnishment Before It Starts

Creditors need a court judgment before garnishing your wages. Responding to the lawsuit protects your paycheck. Get help filing your answer today before the deadline passes.

Answer the Summons

Who Can Garnish Your Wages in Georgia?

Georgia recognizes four types of wage garnishment. Only two apply to consumer debts. Any creditor with a valid judgment can garnish your wages. Debt collectors and debt buyers can too. They just need that court judgment first.

Some debts follow special rules. Federal tax debts and student loans work differently. Creditors for these debts don’t need a judgment. Child support and alimony follow separate procedures. State tax agencies also have special garnishment powers.

Our partner Solo can help you respond to debt collection lawsuits. Fighting the lawsuit prevents the judgment. No judgment means no wage garnishment.

Georgia’s Wage Garnishment Process

Creditors must follow specific steps. The process has several stages. Each one gives you opportunities to protect yourself.

The Creditor Files a Lawsuit Against You

Wage garnishment starts with a lawsuit. The creditor files a complaint in court. You receive a summons and complaint. You must file an answer to the complaint. Your answer tells your side of the story. You can raise defenses and objections.

Don’t ignore the lawsuit. Failing to answer is a costly mistake. The court will award a default judgment. Default judgments allow immediate garnishment. Regular judgments require a 10-day waiting period.

The Creditor Files Garnishment Paperwork

After winning the lawsuit, the creditor becomes a judgment creditor. They file an Affidavit of Continuing Garnishment for Wages. The paperwork goes to the court. They serve it on your employer. Your employer is called the garnishee.

The judgment creditor must serve you too. You receive the same documents within three days. Your packet includes an affidavit of garnishment. You get a summons of garnishment. You receive a notice of rights. A defendant’s claim form is included.

You Can File a Claim for Exemption

Georgia law protects certain income from garnishment. Supplemental Security Income (SSI) is exempt. Unemployment benefits can’t be garnished. Workers’ compensation is protected. State pensions are exempt too.

File your claim for exemption quickly. Do it before the court issues a garnishment judgment. The court schedules a hearing within 10 days. You must prove you qualify for the exemption.

You can’t challenge the original judgment at this stage. Financial hardship isn’t a valid defense. You can negotiate with the creditor at any time. Try to arrange a payment plan. Offer a lump sum settlement if possible.

How Much of Your Paycheck Can Be Garnished?

Georgia law limits garnishment amounts. Federal law sets limits too. Creditors must follow whichever is more protective. They can’t take more than the judgment amount. Interest, fees, and costs get added.

Judgment creditors can garnish the lesser of:

25% of your weekly disposable earnings
The amount your disposable earnings exceed $217.50 per week

If you earn less than $217.50 weekly, you’re protected. Your wages can’t be garnished at all.

Understanding Disposable Earnings

Disposable earnings aren’t your gross pay. They’re what remains after mandatory deductions. Federal, state, and local taxes come out first. Social Security is deducted. Georgia unemployment insurance is removed. Only required deductions count.

Voluntary deductions don’t matter. Health insurance premiums don’t count. Retirement contributions aren’t considered. Union dues aren’t part of the calculation.

Garnishment Calculation Example

You make $400 weekly in disposable income. Here’s how the calculation works:

25% of $400 equals $100
$400 minus $217.50 equals $182.50

The creditor can garnish $100 per week. That’s the lesser amount.

How to Stop Wage Garnishment in Georgia

You have several options to stop garnishment. Each approach works in different situations. Act quickly for best results.

File a Claim for Exemption

Claim exempt income immediately. File your claim before the garnishment starts. Prove your income qualifies for protection. The hearing happens within 10 days.

Negotiate With the Creditor

Contact the judgment creditor directly. Propose a payment arrangement. Offer what you can afford. Many creditors prefer voluntary payments. They avoid the hassle of garnishment enforcement. Get any agreement in writing.

Respond to the Lawsuit Early

The best defense is early action. Our partner Solo helps you answer debt lawsuits. Filing an answer stops default judgments. You get time to negotiate. You preserve your legal defenses. Many cases settle before trial.

Consider Bankruptcy Protection

Bankruptcy stops garnishment immediately. The automatic stay halts all collection activity. Chapter 7 can discharge the debt entirely. Chapter 13 restructures your payments. Bankruptcy provides a fresh start. Consult with a bankruptcy attorney about your options.

Resources for People Facing Wage Garnishment

Georgia offers free legal resources. Nonprofit organizations provide assistance. You don’t have to face garnishment alone.

GeorgiaLegalAid.org provides information and resources
Georgia.gov explains garnishment exemptions in detail
Judicial Council of Georgia offers self-help materials

Many organizations offer free consultations. Legal aid clinics serve low-income residents. Law school programs provide student assistance. Bar associations maintain referral services.

Your Rights Under Georgia Law

You have important protections. Your employer can’t fire you for one garnishment. Retaliation is illegal under federal law. You’re entitled to notice before garnishment starts. You can challenge improper garnishments.

Creditors must follow strict procedures. They can’t garnish more than the law allows. Protected income stays protected. You can enforce your rights in court.

Frequently Asked Questions

What is wage garnishment in Georgia?

Wage garnishment allows creditors with court judgments to take money directly from your paycheck. Georgia law limits garnishment to 25% of your disposable earnings or the amount over $217.50 weekly, whichever is less. Creditors must follow specific legal procedures before garnishing wages.

How do I stop wage garnishment in Georgia?

You can stop garnishment by filing a claim for exemption if your income is protected, negotiating a payment plan with the creditor, responding to the original lawsuit to prevent a default judgment, or filing bankruptcy to trigger an automatic stay that stops all collection activity.

Can my employer fire me for wage garnishment?

No. Federal law prohibits employers from firing you because of a single wage garnishment. Terminating an employee for one garnishment violates the Consumer Credit Protection Act. However, protections may not apply if you have multiple garnishments.

What income is exempt from garnishment in Georgia?

Georgia law exempts Supplemental Security Income (SSI), unemployment benefits, workers' compensation, and state pensions from wage garnishment. If you earn less than $217.50 in weekly disposable income, your wages cannot be garnished at all.

How long does wage garnishment last in Georgia?

Wage garnishment continues until the full judgment amount is paid, including interest, fees, and costs. Garnishment can also end if you successfully claim an exemption, negotiate a settlement, or file bankruptcy. Judgments in Georgia are valid for seven years and can be renewed.

Wage Garnishment in Georgia: Know Your Rights and Options