Wage Garnishment

Wage Garnishment

A wage garnishment occurs when a court orders a portion of a person’s earnings to be withheld to satisfy a debt. When your wages are being garnished, the payroll department at your job will calculate the amount to be withheld and pay it to the creditor on your behalf.

How Can You Stop Wage Garnishment?

Once a garnishment has been ordered by the courts, your employer’s payroll department is bound by the order. They are not allowed to refuse the garnishment order and you are not able to change the amount withheld. If you are facing a wage garnishment in Georgia, you have a few options available to stop garnishment:

  • Chapter 13 bankruptcy may be an option if you have a steady income that can otherwise cover your debts. This type of bankruptcy allows you to reorganize your debt and make an arrangement to pay your debts over the next three to five years.
  • Chapter 7 bankruptcy will offer immediate protection from collection activity, including some garnishments. Chapter 7 bankruptcy can be used to liquidate consumer debt. It does not apply to tax debt or family obligations like back child support or alimony payments.

Need-to-Knows About Georgia Garnishment Law

When faced with a garnishment issue, it is important to know your rights as well. Here are a few important details about wage garnishment:

When faced with a garnishment issue, it is important to know your rights as well. Here are a few important details about wage garnishment:

Title II Protections

Title III of the Consumer Credit Protection Act is a federal law that protects someone who is subject to garnished wages. The law limits the amount that can be taken from the employee’s check and protects them from being terminated for a single garnishment.

Garnishment Limits

Ordinary garnishments cannot exceed the lesser of two amounts: 25 percent of disposable income or the amount by which the person’s income exceeds 30 times the federal minimum wage.

Child Support & Alimony

Child support or alimony garnishments amounts may be higher. The law allows for a garnishment of 50-60 percent of an employee’s disposable income.

Tax Garnishments

A tax garnishment may be levied to collect back taxes owed to the federal or state governments.

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W.S.

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Bobby

Lee did a great job. He helped me save my home and get a grip on my financial situation. The staff at Morgan & Morgan was great. Always easy to reach on the phone and mindful of my situation. Thanks!

Bankruptcy client

Attorney Jason Braswell & Lisa LaCount are just wonderful...not one time have I call the office that I didn’t get a chance to speak directly to Jason or Lisa, or receive an immediate return call/email with a response. Thanks to this attorney team, my mind and our finances are in order. - C.P.

Catherine Pettit

Morgan & Morgan worked on disability benefits for my unemployed 50-year old brother who was homeless and suffering from autism/Asperger’s syndrome. We all knew nothing (!) and Mr. Morgan was a breath of fresh air.

Disability client

My experience with Morgan & Morgan was exceptional!!! I was very well informed about their procedures and felt comfortable about going forth with my case. Everything was handled with importance. - C.J.

Casmin Jones

We were fully enlightened about our situation which helped us choose our best choice concerning a problem. We would recommend Mr Braswell to our friends. - H.A.

Harold Andrews

A very respectful law firm that has very good customer service which is job one in the human world. Thank you Morgan and Morgan of Athens, GA. - W.S.

W.S.

Jason is the best lawyer ever. I appreciate everything he's done in my case. I could never thank him enough.

Bobby

Lee did a great job. He helped me save my home and get a grip on my financial situation. The staff at Morgan & Morgan was great. Always easy to reach on the phone and mindful of my situation. Thanks!

Bankruptcy client

Our bankruptcy attorneys can help you if you are faving wage garnishment.

If you are facing wage garnishment in Georgia, the good news is that we can help. Our experienced Morgan & Morgan attorneys can help you explore your legal options to organize or liquidate your debt.