Georgia Affidavit in Support of Motion to Discharge Writ of Garnishment

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Multi-State
Control #:
US-02254BG
Format:
Word; 
Rich Text
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Description

Wage garnishment is a legal procedure in which a person's earnings are required by court order to be withheld by an employer for the payment of a debt, such as a judgment.
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How to fill out Affidavit In Support Of Motion To Discharge Writ Of Garnishment?

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FAQ

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.

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.

Your answer must be in writing on the answer form provided and must be accompanied by the money or property subject to garnishment. Under circumstances in which the defendant has been am employee but is no longer employed by you or your company and in which you, as garnishee, may immediately file an answer.

To file an exemption for wage garnishment, you must file the Claim of Exemption (WG-006). By doing this, you will explain to the Sheriff why some or all of the wages the creditor wants your employer to garnish should be exempt. Wage garnishment and bankruptcy are not for everyone to handle.

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.

At a minimum, your written objection to the garnishment should include the following information: the case number and case caption (ex: "XYZ Bank vs. John Doe") the date of your objection. your name and current contact information. the reasons (or "grounds") for your objection, and. your signature.

This release authorizes you to pay or deliver to the Defendant in garnishment any money or other property in your possession belonging to the Defendant.

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Georgia Affidavit in Support of Motion to Discharge Writ of Garnishment