Georgia Law on Garnishment of Wages

By Mike Broemmel
Garnishing a debtor's wages.
Image by Flickr.com, courtesy of Andrew Magill

When you obtain a judgment against a debtor that owes you money, your path to actually collecting that debt has just begun. The real work of collection often involves the use of legal tools, such as garnishment of wages. Georgia has specific laws governing garnishment.

Judgment

Although some states permit garnishment of wages in the absence of an actual court judgment, Georgia law requires that a court order in favor of the creditor exists in advance of any garnishment attempt.

Identification

A creditor must file an affidavit with the court that identifies the name of the creditor, the amount of the judgment order, the accompanying case number, and the court in which the initial judgment was made.

Summons

Under Georgia law, upon receipt of the affidavit, the court will issue a summons to the debtor's employer directing the employer to withhold funds from the debtor's paycheck.

Amount

Georgia follows federal law regarding the amounts that may be withheld from each paycheck. Under federal law, 75 percent of disposable income or 30 times the current federal minimum wage--whichever is higher--is exempt from garnishment.

Warning

Collecting on a judgment through garnishment of wages is not always an easy process. Many creditors engage the services of experienced collection attorneys to aid in the process.

About the Author

Mike Broemmel began writing in 1982. He is an author/lecturer with two novels on the market internationally, "The Shadow Cast" and "The Miller Moth." Broemmel served on the staff of the White House Office of Media Relations. He holds a Bachelor of Arts in journalism and political science from Benedictine College and a Juris Doctorate from Washburn University. He also attended Brunel University, London.