This guide provides an overview on garnishment law and how a person can stop a garnishment. Topics covered include general information and restrictions on garnishments of wages and bank accounts, as well as alternatives for stopping enforcement of a garnishment order.
Georgia USLegal Guide on How to Stop Garnishment
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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.
File a Traverse Against the Garnishment One way of succeeding in a traverse is showing that the underlying judgment upon which the garnishment is based is invalid or void. Social security income cannot be garnished. Also, joint accounts where the money does not belong to the debtor cannot be garnished.
You can stop a garnishment by: Paying off the debt in full. Filing an objection to the garnishment with the court if you have legal basis, such debt was a result of fraud or identity theft. Filing for court protection and debt resolution through Chapter 13 or Chapter 7 bankruptcy.
Filing an Objection to Wage Garnishment in Georgia You can also request this form from the court clerk. The objection form will typically provide you with information about filing your objection such as the last date you can file, where to send the form, and the date and time the court will hear your objection.
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.
You must do the following to comply with the law; File an answer to the first garnishment no sooner than 30 days but no later than 45 days after service. Your answer must be in writing on the answer form provided and must be accompanied by the money or property subject to garnishment.
What Funds Are Exempt From Garnishment? There are several types of funds that are exempt from garnishment, and these include: Retirement, disability, and Social Security benefits; The exception is if you owe federal tax debt, federal student loans, or child support.