My name is Aretha I live in Douglasville, GA - My questsion is as a single parent of two and a home owner.

Regarding - garnishment of monthly income - I was never ordered to court nor did I receive notification by mail. The Garnisher has recently started garnishing more than $400every two weeks from my monthly income. Is there anything I can do to lower the amount being taken? A friend mentioned requesting a wage earner, but I don't know where to start, can you offer some guidance?


Sincerely,

A.B. Jackson

[QUOTE=ABJackson]My name is Aretha I live in Douglasville, GA - My questsion is as a single parent of two and a home owner.

Regarding - garnishment of monthly income - I was never ordered to court nor did I receive notification by mail. The Garnisher has recently started garnishing more than $400every two weeks from my monthly income. Is there anything I can do to lower the amount being taken? A friend mentioned requesting a wage earner, but I don't know where to start, can you offer some guidance?


If you were never served with any papers and the creditor got a judgment you can move to set that judgment aside. Of course, they'll re-serve it but then at least you get to argue your case.

"Under federal law, you cannot garnish more than 25% of the debtor's disposable income. There is an additional protection for low income people. A wage earner must be left with a weekly wage equal to 30 times the current federal minimum wage.

If your judgment is for child or spousal support, you can garnish up to 50% of the judgment debtor's take home pay (55% if he is 12 or more weeks in arrears.) If the judgment debtor does not currently support a spouse or child, you can garnish up to 60% of his wages (65% if he is 12 or more weeks in arrears.) There is no automatic protection for low-income workers.

A few states have even lower wage garnishment limits. Ask your sheriff or marshall's office for your state's garnishment rules. "

To have a garnishment, they would have had to get a judgement sometime in the past. It may have been a few years even. Did you get a judgement before ?

If yes, then there is no future notice of a garnishment, once they have a judgement they can get garnishment by merely filing the paper work.

If you were not given notice of a judgment, you can go back to that court and file a motion to over turn the judgement for improper notice, and that will stop the judgemnet and garnishment temp anyway.

There is a max in GA that can be ganished a percent of your pay as Judy listed.
Georgia is fairly a lender friendly state, but they will follow the law.