The Georgia Summons of Continuing Garnishment is a legal document issued by the courts in the State of Georgia. It is used to continue a garnishment of wages or other income for the payment of a debt or judgment. There are three types of Georgia Summons of Continuing Garnishment: Wage Garnishment Summons, Bank Account Garnishment Summons, and Real Property Garnishment Summons. A Wage Garnishment Summons is used to garnish wages from a debtor’s employer. A Bank Account Garnishment Summons is used to garnish funds from a debtor’s bank account. A Real Property Garnishment Summons is used to garnish funds from a debtor’s real estate. Each type of garnishment summons requires the debtor to appear in court and answer questions about their debt or judgment. The garnishment will continue until the debt or judgment is paid in full.
Georgia Summons Of Continuing Garnishment
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How to fill out Georgia Summons Of Continuing Garnishment?
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FAQ
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.
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.
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).
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.
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.
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.
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.