In Georgia, wage garnishment laws restrict the amount of money lenders can take from your checks following a court judgment. However, most people do not understand these laws or have no idea how they would apply to their case. That is why in the below blog post, we will go over everything you need to know about Georgia wage garnishment laws and what they can mean for your future.
What Is a Wage Garnishment?
A wage garnishment is a procedure where an individual’s earnings are required by an order to be withheld by an employer for the payment of a certain debt. In general, creditors cannot garnish wages unless they get a judgment from the court, meaning they must sue first to get this ruling.
Yet, it should also be pointed out that some creditors do not have to file a suit to get a wage garnishment. For example, if you owe federal student loans, taxes, or child support, the creditor or the government can garnish your wages without getting a court order.
Wage Garnishment Rules
Even if there is a wage garnishment order, creditors cannot seize all the money from your paycheck. There are actually different rules regarding wage garnishment limits and how much your payments can be garnished. For instance, federal laws indicate that creditors can take the lesser of the below options:
- Twenty-five percent of your disposable earnings for that week (or what is left after specific deductions), or
- The amount by which your disposable earnings for that week exceed 30 times the federal minimum hourly wage
These creditors will proceed to garnish pay until a debt is completely paid or if some actions are taken to halt the garnishment, including declaring an exemption. To determine whether stopping these payments is possible, consider discussing your situation with an experienced Georgia wage garnishment attorney as soon as you can.
Georgia Wage Garnishment Laws
Typically, Georgia garnishment laws tend to follow federal regulations. As a result, under these state’s laws, a specific creditor can end up taking the lesser of:
- Twenty-five percent of your disposable earnings for the week,
- Fifteen percent of your disposable earnings for that week if the garnishment is based on private student loans, or
- The amount by which your disposable earnings for that week exceed 30 times the federal minimum wage per hour.
Disposal earnings refer to the excess amount after an employer takes out mandatory deductions (taxes) from your paycheck.
How to Protect Your Wages From Garnishment in Georgia
If you received a notice of a wage garnishment order and cannot make these payments, you may still be able to avoid these payments or remove the orders to garnish your wages. However, do not wait to go over your legal options, as time is limited. Consider speaking with an experienced and knowledgeable Georgia wage garnishment attorney as soon as possible to determine what you can do in these situations and what actions you should take.
Contact The Law Firm of Duncan & Brow, and Learn About Your Legal Options When It Comes to Wage Garnishments
For more information regarding wage garnishments in Georgia and your options to stop these payments, contact the Law Firm of Duncan & Brow, online or call us at 706-755-2928 to schedule a free consultation.
