Most of us have heard of wage garnishment, but we think it will never happen. However, situations change, and a court could order a wage garnishment for various reasons. If you’re facing court-ordered wage garnishment, you likely wonder how long the garnishment will last and what to expect from the garnishment.

What Is Wage Garnishment in Georgia?

Wage garnishment is commonly used as a creditor’s legal tool for collecting bad debts. In Georgia, there are several reasons that a court could order a wage garnishment. Among the common reasons for wage garnishment are child support, spousal support, back taxes, vehicle registration, and court-ordered debts. Court-ordered debt means a debt collection lawsuit has been filed against you, and the judge has ordered that the debt be paid through wage garnishment.

Wage garnishment orders require an employer to withhold a set amount of money from your paychecks and send it to one of your creditors instead. Most of the time, a creditor must get a judgment from the court before garnishing wages. However, some creditors, like federal student loans, tax collectors, child support, or alimony, can garnish wages without going through the court first.

Wage garnishment can create a significant financial burden on the individual and their family. For example, if someone only makes minimum wage at their job, living and handling a wage garnishment will be difficult. There are options in Georgia for stopping wage garnishment if necessary.

If you have a pending wage garnishment, a lawyer specializing in wage garnishment cases can help you determine your next steps. They can help you decide whether or not you should attempt to stop the wage garnishment using the methods available to you in Georgia.

How Much Money Can a Creditor Seize from Your Check? 

People facing wage garnishment in Georgia may fear that creditors can take most of their salaries. However, rules and legal limits govern how much money a creditor can garnish from your paycheck. Federal law limits the amount of judgment a creditor can take from your pay.

For the most part, Georgia follows the federal statutes regarding wage garnishment limits. Those amounts are limited to 25% of your weekly disposable earnings or the amount by which the disposable earnings exceed 30 times the federal minimum wage. Courts must order whichever is less between those two numbers.

Georgia Limits on Wage Garnishment

Each state has regulations for the amount of money that can be garnished from your paychecks. Georgia law says that a creditor can take whichever is less of:

• 25% of your disposable earnings for the week unless the garnishment is for a private student loan, at which point they can garnish 15% of your disposable earnings for the week
• The amount of disposable earnings above $217.50 (30 times the federal minimum hourly wage).

Your disposable income is what is left after all the mandatory deductions like taxes.

Additional Limits to Wage Garnishment in Georgia

Some creditors can garnish wages without going through the court system. For example, if you owe back taxes, federal student loans, child support, or other government entities, they can garnish your wages without a court order. The amount they can garnish is different from that of creditors who obtained a judgment against you.

Unpaid Child Support

Beginning in 1988, child support orders have included automatic income withholding orders, but the other parent can obtain wage garnishment orders from the court if you get behind in payments. Federal laws limit the amount of this kind of wage garnishment. If you are paying support for a child or spouse who isn’t included in the child support order, your ex-spouse can garnish up to 50% of your disposable income, but if you aren’t paying support elsewhere, they can garnish up to 60% of those earnings. If you are more than 12 weeks behind, they can also take an additional 5% of disposable earnings.

Defaulted Federal Student Loans

The US Department of Education or a collection agency working on their behalf can garnish up to 15% of your pay if you default on a federal student loan. A garnishment of this kind is called an administrative garnishment. You can keep an amount of money equal to 30 times the current federal minimum wage per week. That amount is protected by Federal law.

Unpaid Taxes

If you’ve heard of a tax levy, the federal government has garnished wages to pay back taxes. Tax levies can be taken without a court order. The exemption amount is based on your standard deduction added with the aggregate amount of personal exemption deductions for the taxable year when the levy occurs. That total is then divided by 52. It’s your responsibility to verify your standard deduction and dependents, or the IRS uses a married filing separate standard deduction with one personal exemption.

State and local governments also can garnish wages to collect taxes you owe them.

How Long Will Garnishments Last in Georgia

In 2016, Georgia statute allowed garnishments to last for 179 days, with the garnishment beginning the day the summons of garnishment is served. However, laws in Georgia have changed. Now, garnishments can last longer. 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.

Ways to Stop a Wage Garnishment

In Georgia, wage garnishment can be stopped. The first step for stopping wage garnishment is fighting the debt collection lawsuit. When you file a response to the lawsuit, you can argue your case in front of a judge. Speaking to a lawyer as soon as you receive notification of the lawsuit is the first way to understand your rights, options, and obligations for defending yourself against the case.

If the creditor acquires a wage garnishment order, there are several ways to stop it. The following options are some of the ones that could be available to you for stopping wage garnishment.

File for Bankruptcy Relief

Filing for bankruptcy is one way to stop wage garnishment in Georgia. This is a viable option because many people live paycheck to paycheck and can’t afford the lost income associated with wage garnishment. Filing bankruptcy is an effective way to stop wage garnishment because creditors must stop all collection efforts when someone files a bankruptcy petition.

Individuals typically use two kinds of bankruptcy. One is Chapter 7, which requires liquidating and selling assets that aren’t considered necessities. The other is Chapter 13, which requires the filer to make payment arrangements with their creditors that must be followed for three to five years to repay their debts that can’t be discharged. A qualified lawyer can help determine which bankruptcy relief is appropriate for your situation.

Pay Your Creditor

It may seem like common sense, but paying your debt in full will stop wage garnishment. Often, people cannot pay a debt in full, or they wouldn’t be in a situation leading to wage garnishment. If that is the case for you, it could be possible to negotiate a settlement with your creditor. For example, a creditor could agree to accept a lower payment for the garnishment amount if you pay it within a set time frame.

If you choose to negotiate a settlement with your creditor, be sure you are provided with written terms of the settlement agreement before you pay your first payment. Having an attorney review any settlement agreements before you sign off on them is a good idea.

File an Exemption

Requesting an exemption from wage garnishment is possible because that money is needed to support you and your family. You must file a wage garnishment exemption form to request this relief. If your income is protected from debt wage garnishments, like social security income, you can try stopping wage garnishment with an example letter.

While Georgia will sometimes allow exemptions, other states may not, so it’s important to understand the laws in your state. Even in Georgia, you won’t receive an exemption if you:

• Purchase luxury items or pay for services that aren’t considered necessities.
• Owe an attorney money due to a court order issued in a family law case.
• Owe past due child or spousal support.
• Your debt is for wages you owe someone else.

When requesting an exemption in Georgia, you must file a Claim of Exemption from Wage Garnishment form. You must also complete and file a full financial statement when filing the claim of exemption form. Along with those forms, you are required to explain why the wages should be exempt from garnishment, which means that you must include details of your and your family’s specific needs.

Things like recurring medical expenses due to a chronic condition can be used to help explain your case. The more details you can give, the better your chances of receiving the exemption you requested.

The Takeaway

Wage garnishments in Georgia have time and monetary limits for what can be garnished. The most recent law changes extended the length of garnishment from six months to three years. If you’re facing wage garnishment in Georgia, contact the attorneys at Morgan & Morgan to discover your options for handling the situation.

 

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