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File a motion or appeal with the court that issued the judgment. If the appeal or motion to set aside or vacate was filed prior to the garnishment, the court may be required to stay or dismiss the garnishment. Once the Court reviews the items submitted, the Clerk will release the funds to the Plaintiff.
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.
Dear Sir/Madam, I am writing to request that you stop the wage garnishment that is currently being imposed on me. I am unable to make the payments at this time due to [insert reason, such as financial hardship]. I have attached documentation that supports my claim.
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.
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).
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.
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.
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.