How to Stop a Garnishment in Georgia
Once your wages are garnished or your bank account is seized, it makes managing your finances almost impossible. If a creditor is garnishing your wages, Georgia bankruptcy law firm Saedi Law Group can get that garnishment off your check and/or bank account and help you get debt free.
You can quickly and legally stop creditors from garnishing your earnings and bank account by filing for bankruptcy. As soon as you file a petition for Chapter 7 or Chapter 13 bankruptcy, the court will order your creditors to immediately stop all collection activities. Not only does this mean lenders must stop garnishing your wages, but they will also be prevented from contacting you about the debt.
Filing for bankruptcy allows you to wipe out your debts, protect your paycheck, and keep your home. You don’t have to give up your assets to get debt free,
What is a Wage Garnishment?
Wage garnishment is a legal process that allows your creditors to obtain a court order to directly receive a portion of each paycheck. The order requires your employer to withhold a specified amount of your earnings each month.
What Percentage of Wages Can Be Garnished?
Under Georgia law, your creditors can garnish the lower of:
- 25% of your disposable income
- The portion of your weekly earnings that exceeds 30 times the minimum wage
What Happens After a Wage Garnishment Is Paid?
Once a creditor has secured the right to garnish your paycheck, they can deduct money from your paycheck until the debt is paid in full.
If multiple creditors garnish your wages, the total cannot exceed the legal limit for one creditor. Under Georgia law, wage garnishments can be a lump-sum deduction or can be continuous. An order for continuous garnishment can last 180 days but may be renewed if the debt remains unpaid.
After the balance is completely paid off, your creditor should instruct your employer to stop the garnishment.
Which Creditors Can Garnish Wages?
Although most creditors can garnish your check, some must file a lawsuit and receive a judgment and court order before they can garnish your wages. A creditor for the following types of debt can garnish your wages without a court order:
- Government student loan payments
- Unpaid child support and alimony
- Back taxes
You can check your local county court website for case information. Please note that not all Georgia counties are online to review court case actions but most are. Below is a list of the counties in the Northern District of Georgia with their court links:
Case Search – https://www.cherokeeclerkofcourt.com/mainpage.aspx
Case Search -https://www.claytoncountyga.gov/government/courts/court-case-inquiry
We invite you to contact us either online or by phone at 404-919-7296 to schedule a free confidential consultation to review your personal financial situation and what options we can provide to protect you from creditors. For additional information about bankruptcy please also check out our YouTube Channel which has up to date vlogs on issues related to personal bankruptcy.