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.
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.
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.
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.
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.
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.