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View Full Version : Garnishment of Paycheck in Georgia


lauralei8789
Sep 24, 2007, 06:11 AM
How much can they garnish from my paycheck in the State of Georgia on a Judgment against me for a credit card. The total amt. is almost $5000.00 with attorney's fees, etc. I wrote an "answer" back to the Attorney's Office and it didn't do me any good. A Judge signed the Order that I have to pay it. I don't make much and I'm worried sick that I won't have any money to pay my rent and take care of my three kids. This all stems from a divorce back in 2000. I don't have any money to pay for an Attorney, etc. Any help you can give would be appreciated! Oh, I get paid biweekly, so do they take out money every two weeks? How much from each paycheck, percentage wise.

Mr-E
Sep 25, 2007, 06:07 AM
Read this URL:
Judgments (http://www.lawdog.com/states/ga/judm.htm)

ScottGem
Sep 25, 2007, 06:14 AM
Mr-E gave you a great link there. The key is in this paragraph:

Garnishment of a debtor's earnings is not permitted prior to the entry of a judgment. (Section 18-4-46.) Upon the entry of judgment, a creditor may garnish the earnings of a judgment debtor but the maximum amount which may be attached may not exceed the lesser of 25% of his disposable earnings for a workweek; or the amount by which his disposable earnings for that week exceed 30 times the federal minimum hourly wage prescribed by Section 6(a)(1) of the Fair Labor Standards Act of 1938, U.S.C. Title 29, Section 206(a)(1), in effect at the time the earnings are payable.


So what you need to do is take the minimum wage and multiple that by 30. Then double it and subtract that from your net pay (after taxes not other deductions). If that amount is less that 25% of your net pay then that's what they get otherwise they get 25%. Your payroll department should do the calc for you.