[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

[JudyKayTee]

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.

[Lollygabber8496]

Thank you JudyKayTee, you have been most helpful.

[JudyKayTee]

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.)