Georgia Motion to Discharge or Quash Writ of Garnishment

State:
Multi-State
Control #:
US-02674BG
Format:
Word; 
Rich Text
Instant download

Description

The usual modes of attacking a garnishment directly are by motion to quash or vacate the writ of garnishment or to quash or discharge the writ. As a general rule, the defendant may file such a motion at any time after a writ of garnishment has been issued. However, the motion should be made at the earliest opportunity. Statutes or rules of some states may provide that a motion to quash a garnishment must be made within a specified period of time.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

State and federal law protects some money, including wages, from garnishment even if it is in a bank. Some common exemptions are benefits from social security, supplemental security income, unemployment, workers' compensation, the Veterans' Administration, state pension, retirement funds, and disability income.

For example, if you earn $600/week, 25% of your income is $150. Assuming $7.25 federal minimum wage, this is $7.25*30 = $217.5. Since $600 - $217.5 = $382.5, and $150 is less than $382.5, the creditor can only garnish $150.

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.

The answer is however much they need to take out of your account to cover the debt. For example, if you owe a $1,000.00 to a creditor and you have $1,000.00 in your checking account, they can take it all.

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.

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.

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Georgia Motion to Discharge or Quash Writ of Garnishment