There are specific Georgia Garnishment Exemptions for debtors. If you have a garnishment lien on your wages, you need to know what your rights are. This can be confusing, but it’s important to know the law before a garnishment is placed on your wages. Georgia law allows debtors to protect certain types of property from garnishment. Homestead exemptions are another option, allowing you to claim the home as your own.
In Georgia, certain types of income are exempt from garnishment. These include SSI, unemployment benefits, workers’ compensation, and state pensions. You must file a garnishment exemption claim before your employer can attach your wages to your SSI, unemployment benefits, or other benefits. Once you’ve filed your claim, the court will schedule a hearing to determine whether or not your income is exempt.
Once you’ve filed a garnishment claim, your creditor must file an Affidavit of Continuing Garnishment for Wages with the Georgia court. You will also need to serve the garnishee with the same documents as your judgment creditor within three days of the garnishment. These documents include the affidavit of garnishment, summons, notice of rights, and defendant’s claim form. If you fail to file the claim within this time frame, you’ll need to contact the court and file a motion.
Under Georgia law, creditors can’t garnish your wages if you earn less than 25% of your disposable income. The federal minimum wage is $9.00 per hour. To qualify for Georgia’s garnishment exemptions, your wages must be less than thirty times the federal minimum wage. However, you can still negotiate a payment plan with your creditor. Sometimes, creditors will waive fees and interest. In addition to garnishment exemptions, Georgia’s courts require employers to deduct the garnishment amount from your paycheck. This can be a hassle for employers. And because of this, it doesn’t protect you if your garnishment is more than one, you could be fired.
Georgia garnishment laws were recently amended, and they will affect the way that garnishments are served on employers. New laws have expanded the list of people who can be garnished under these laws. Previously, a garnishment could last for 179 days or six months. Now, a garnishment could last for up to three years! And, a garnishment could even last for as long as three years, allowing creditors to get their money back sooner than expected.
Another common form of Georgia garnishment is wage garnishment, which allows creditors to take money from your paycheck. Creditors must get a court order before garnishing your wages. The amount of money they can garnish per pay period is also governed by federal and state law. The federal Consumer Credit Protection Act limits the amount of money that creditors can garnish. By enforcing these laws, Georgia employers must comply with these laws.
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