Georgia Continuing Garnishment Form Package

State:
Georgia
Control #:
GA-SKU-1409
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Description

Continuing Garnishment Form Package

The Georgia Continuing Garnishment Form Package is a collection of forms that are used to facilitate the garnishment of wages and other income sources in the state of Georgia. The package includes the following forms: the Georgia Continuing Garnishment Form, the Notice to Employer Form, the Notice to Debtor Form, the Notice to Financial Institution Form, the Motion to Withdraw Garnishment Form, and the Order to Withdraw Garnishment Form. The package is used by creditors and debtors to notify employers, financial institutions, and the court of the garnishment of wages, bank accounts, or other income sources in order to satisfy a debt.

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FAQ

As of 2020, the Georgia code allows garnishments to last 1,095 days, and that law took effect on January 1, 2021. Before, wage garnishments could last about six months. Now, garnishments can stay for much longer. The current term for wage garnishment in Georgia is three years.

In Georgia, a creditor can garnish the lesser of 25% of your disposable income or the amount by which your disposable earnings exceed 30% of federal minimum wage. If your disposable income is less than 30 times minimum wage, it cannot be garnished at all.

There are two types of garnishment: Continuing garnishment - The employer will deduct from the defendant's wages for approximately 179 days (or six months) provided the defendant makes wages which are subject to garnishment. garnishment deductions are based on the employee's net pay.

Affidavit for continuing garnishment is a sworn statement by a plaintiff or his/her attorney or agent requesting the issuance of a summons of continuing garnishment as the defendant is indebted to the plaintiff on a judgment from a particular court and the plaintiff believes that the garnishee is or may be an employer

What Funds Are Exempt From Garnishment? There are several types of funds that are exempt from garnishment, and these include: Retirement, disability, and Social Security benefits; The exception is if you owe federal tax debt, federal student loans, or child support.

3. How Does a Creditor File a Garnishment? file the garnishment suit in court; show that the creditor has a judgment against you; serve the bank or the employer via a sheriff or private process server; and, provide you with a copy of the garnishment (but not necessarily through personal service).

You can expect wage garnishment to stop when you: Challenge a judgment by filing wage garnishment proceedings and asking for wage garnishments to stop through a claim of exemption. Pay off all or some of the debt through a Chapter 13 repayment plan. Discharge the debt by filing for bankruptcy under Chapter 7 provisions.

There are legal limits on how much of your paycheck can be garnished through a wage garnishment. In Georgia, a creditor can garnish the lesser of 25% of your disposable income or the amount by which your disposable earnings exceed 30% of federal minimum wage.

More info

Complete instructions to Federal Agencies preparing. These forms are what you need to file a continuing garnishment action.Please contact the local Clerk of Court for preferred forms. FormTitleRevisedWPF GARN 01. This set of forms is for use in garnishment to collect a money judgment. The Clerk of Magistrate Court provides forms required for filing and serving of Continuing Garnishment (PDF) or Regular Garnishment (PDF). FOR CONTINUING WRIT OF GARNISHMENT enclosed in this Packet. Be sure to fill in the name and address of Defendant's employer. Instructions for Completing Garnishment Forms. 2. Application for Writ. 3.

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Georgia Continuing Garnishment Form Package