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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.
A garnishment is filed against a third party who holds money or property for a judgment debtor. Normally garnishments are filed against a judgment debtor's employer or bank. Garnishments can be filed in the Magistrate Court as long as the amount due on the judgment does not exceed $15,000.
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.
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.
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.
How Does a Creditor File a Garnishment? file the garnishment suit in court; show that the creditor has a judgment against you; serve the bank or the employer via a sheriff or private process server; and, provide you with a copy of the garnishment (but not necessarily through personal service).
Default Judgment Against Garnishee in Continuing Garnishment; Relief From Default. When a garnishee fails or refuses to file a garnishee answer at least once every 45 days, such garnishee shall automatically be in default.