Whats A Garnishment Order

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Multi-State
Control #:
US-02674BG
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Word; 
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Description

A garnishment order is a legal document that allows a creditor to collect a debt by taking money directly from a debtor's wages or bank account. This document outlines the process for contesting such an order, allowing the defendant to request the court to quash or discharge the writ of garnishment. Key features of the motion include the requirement for the defendant to provide specific grounds for their request, such as inaccuracies in the plaintiff's affidavit. The form must be filled out with the relevant details, including the names of the parties involved, the cause number, and the dates pertinent to the garnishment. It is also essential for the defending party's attorney to sign and date the document, certifying that proper notification has been given to the plaintiff's counsel. This garnishment order form is particularly useful for attorneys, partners, and legal assistants working on debtor-creditor disputes, as it allows them to efficiently represent clients seeking relief from unjust garnishment. By utilizing this form, legal professionals can ensure that all procedural requirements are met, promoting fairness in debt collection practices.
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How to fill out Motion To Discharge Or Quash Writ Of Garnishment?

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FAQ

Georgia Wage Garnishment Laws The amount by which your disposable earnings per week exceeds 30 times the federal minimum wage. If your disposable income is less than the federal minimum wage, it cannot be garnished. In other words, if your disposable income for a week exceeds $217.50, that amount can be garnished.

812.33 Garnishee fees. (1) The creditor shall pay a $15 fee to the garnishee for each earnings garnishment or each stipulated extension of that earnings garnishment. This fee shall be included as a cost in the creditor's claim in the earnings garnishment. (2) In addition to the $15 garnishee fee under sub.

Ordinary garnishments Under Title III, the amount that an employer may garnish from an employee in any workweek or pay period is the lesser of: 25% of disposable earnings -or- The amount by which disposable earnings are 30 times greater than the federal minimum wage.

The garnishment amount is limited to 25% of your disposable earnings for that week (what's left after mandatory deductions) or the amount by which your disposable earnings for that week exceed 30 times the federal minimum hourly wage, whichever is less. (15 U.S.C. § 1673.)

By law, you are entitled to an exemption of not less than 80% of your disposable earnings. Your "disposable earnings" are those remaining after social security and federal and state income taxes are withheld.

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Whats A Garnishment Order