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  • Jun 19, 2008, 05:44 PM
    Lollygabber8496
    Garnished wages
    HELP!! State of Georgia... We are only getting paid by our companies private health disability (which we paid for out of our paycheck every week) wages which are only 49% of our salary... I guess what I'm asking is can they garnish those wages? If so, how much? Thanks
  • Jun 19, 2008, 07:41 PM
    JudyKayTee
    Quote:

    Originally Posted by Lollygabber8496
    HELP!!! State of Georgia....We are only getting paid by our companies private health disability (which we paid for out of our paycheck every week) wages which are only 49% of our salary ....I guess what I'm asking is can they garnish those wages? If so, how much? Thanks


    I find nothing in Georgia law to indicate that disability payments are protected from garnishment. Disability income is not listed in the list of exceptions.

    The law is: "Pursuant to OCGA 18-4-20, the maximum part of the aggregate disposable earnings of an individual for any work week which is subject to garnishment may not exceed the lesser of twenty-five percent (25%) of his disposable earnings for that week, or the amount by which his disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage. For earnings for a period other than a week, a multiple of the federal minimum hourly wage equivalent in effect shall be used. "

    My question would be whether the insurance company that pays the benefit will accept the garnishment without a fight.
  • Jun 26, 2008, 07:01 AM
    Lollygabber8496
    Thank you JudyKayTee, you have been most helpful.
  • Jun 26, 2008, 07:26 AM
    JudyKayTee
    Quote:

    Originally Posted by Lollygabber8496
    Thank you JudyKayTee, you have been most helpful.


    If you get a chance let us know how it works out - good luck.

    (I did check my personal disability policy and in all that tiny print it specifically addresses that the company will not accept a garnishment. I honestly don't know if that's legal and company policy or not, whether it would hold up if contested in Court.)

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