How to Stop Wage Garnishment in Georgia
Find out when the garnishment occurred., Download the appropriate forms., Gather information to support your claim., Complete your forms., Make copies of your paperwork., File your forms with the appropriate clerk's office., Attend your hearing.
Step-by-Step Guide
-
Step 1: Find out when the garnishment occurred.
Georgia law only gives you a limited period of time to stop a garnishment using a traverse and claim.
When a creditor files a garnishment lawsuit with the court, it essentially sues your bank for the money.
The bank will be served with notice of the garnishment.
After the bank is served, it has between 30 and 45 days to file an answer with the court.
From the date the bank files its answer, you have 15 days to file your traverse and claim against the garnishment.
To know how long you have to file your traverse and claim, you must find out when your bank was served or when it filed its answer.
Since you probably will not receive notice of the garnishment action until funds are removed from your account, you probably do not have much time to act. -
Step 2: Download the appropriate forms.
Georgia courts or legal aid offices have standardized forms you can use to file a traverse and claim against the garnishment.
Read carefully the information and instructions that come with the forms, so you are certain the possible exemptions apply to you before you proceed.Some sources of income, such as Social Security benefits and certain pensions, cannot be garnished.
If you receive income from any of these sources, you are entitled to have your money returned to you.
However, you must first request the money be returned to you through the court.
If you show the court that your money cannot be garnished, the court will order the creditor to return those funds to you., Since you can only file a traverse and claim for certain legal reasons, you must review your situation and the law to see if one of the exceptions applies to you.
When a creditor gets a judgment against you, it files an affidavit with the court to get a garnishment of funds in your bank account.
As part of this affidavit, the creditor states that it has the ability to garnish those funds.
However, if your income is exempt, it does not have this ability.A traverse is a legal document in which you state that information in the creditor's affidavit was false.
You then file a claim which lists the reasons you are entitled to have the garnished money returned to you.If all or part of your income comes from an exempt source, pull together documents such as bank account statements or Social Security benefit statements that support your argument.For a checking account, you typically will need statements showing deposits that go back three months.
For savings accounts you might need statements going back a longer period of time, especially if deposits were made less frequently.Wages are only partially protected depending on how much money you've made.
If your wages are directly deposited from your employer, however, you have an easier time showing which amounts in your account came from wages, and which came from other sources.If your account is a joint account, Georgia state law divides the money in proportion to the money each account holder put into the account.
Therefore, if the garnishment came from a joint account, you must provide the appropriate documentation to prove which money is yours and which belongs to the other account holder.For example, if you have a joint account with your spouse, and your spouse deposits 75 percent of the money in the account, while you deposit only 25 percent, the creditor only has the power to garnish a maximum of 25 percent of the money in the account, subject to any other exemptions. , Once you've determined the appropriate justification for your traverse and claim, fill in your information.
When a creditor garnishes money in your bank account, the only entities who are parties to the garnishment suit are the creditor and your bank.
The traverse and claim essentially allow you to intervene in that garnishment lawsuit and claim you have a superior right to the money the creditor garnished.Next to each exemption you state applies to your money, you should include a citation to the state or federal law that exempts that money from garnishment.If you have difficulty finding this information, an attorney or someone in the legal aid office may be able to assist you. , After you've filled out the paperwork for your traverse and claim, you must make three copies.
One of those copies is for your own records; the other two are for the creditor and your bank – the two original parties in the garnishment lawsuit.
The clerk of court will keep the originals when you file them., You must file your forms with the clerk's office where the original garnishment judgment was entered.You must complete and file a cover letter along with your traverse and claim, and pay a filing fee.The filing fee for a traverse and claim varies among counties, but usually will be less than $50.You also must have your traverse and claim served on the creditor and the bank that were the original parties to the garnishment lawsuit.
Typically you would use the sheriff's office to have the parties served.
You must pay a fee for service of process., If the judge orders a hearing on your traverse and claim, you must appear in court or the judge may dismiss your claim.
Arrive to the courthouse at least a half hour early so you have time to go through security and find your courtroom.
Bring along with you copies of all the documents you filed as well as any other documents or witnesses that support your claim. -
Step 3: Gather information to support your claim.
-
Step 4: Complete your forms.
-
Step 5: Make copies of your paperwork.
-
Step 6: File your forms with the appropriate clerk's office.
-
Step 7: Attend your hearing.
Detailed Guide
Georgia law only gives you a limited period of time to stop a garnishment using a traverse and claim.
When a creditor files a garnishment lawsuit with the court, it essentially sues your bank for the money.
The bank will be served with notice of the garnishment.
After the bank is served, it has between 30 and 45 days to file an answer with the court.
From the date the bank files its answer, you have 15 days to file your traverse and claim against the garnishment.
To know how long you have to file your traverse and claim, you must find out when your bank was served or when it filed its answer.
Since you probably will not receive notice of the garnishment action until funds are removed from your account, you probably do not have much time to act.
Georgia courts or legal aid offices have standardized forms you can use to file a traverse and claim against the garnishment.
Read carefully the information and instructions that come with the forms, so you are certain the possible exemptions apply to you before you proceed.Some sources of income, such as Social Security benefits and certain pensions, cannot be garnished.
If you receive income from any of these sources, you are entitled to have your money returned to you.
However, you must first request the money be returned to you through the court.
If you show the court that your money cannot be garnished, the court will order the creditor to return those funds to you., Since you can only file a traverse and claim for certain legal reasons, you must review your situation and the law to see if one of the exceptions applies to you.
When a creditor gets a judgment against you, it files an affidavit with the court to get a garnishment of funds in your bank account.
As part of this affidavit, the creditor states that it has the ability to garnish those funds.
However, if your income is exempt, it does not have this ability.A traverse is a legal document in which you state that information in the creditor's affidavit was false.
You then file a claim which lists the reasons you are entitled to have the garnished money returned to you.If all or part of your income comes from an exempt source, pull together documents such as bank account statements or Social Security benefit statements that support your argument.For a checking account, you typically will need statements showing deposits that go back three months.
For savings accounts you might need statements going back a longer period of time, especially if deposits were made less frequently.Wages are only partially protected depending on how much money you've made.
If your wages are directly deposited from your employer, however, you have an easier time showing which amounts in your account came from wages, and which came from other sources.If your account is a joint account, Georgia state law divides the money in proportion to the money each account holder put into the account.
Therefore, if the garnishment came from a joint account, you must provide the appropriate documentation to prove which money is yours and which belongs to the other account holder.For example, if you have a joint account with your spouse, and your spouse deposits 75 percent of the money in the account, while you deposit only 25 percent, the creditor only has the power to garnish a maximum of 25 percent of the money in the account, subject to any other exemptions. , Once you've determined the appropriate justification for your traverse and claim, fill in your information.
When a creditor garnishes money in your bank account, the only entities who are parties to the garnishment suit are the creditor and your bank.
The traverse and claim essentially allow you to intervene in that garnishment lawsuit and claim you have a superior right to the money the creditor garnished.Next to each exemption you state applies to your money, you should include a citation to the state or federal law that exempts that money from garnishment.If you have difficulty finding this information, an attorney or someone in the legal aid office may be able to assist you. , After you've filled out the paperwork for your traverse and claim, you must make three copies.
One of those copies is for your own records; the other two are for the creditor and your bank – the two original parties in the garnishment lawsuit.
The clerk of court will keep the originals when you file them., You must file your forms with the clerk's office where the original garnishment judgment was entered.You must complete and file a cover letter along with your traverse and claim, and pay a filing fee.The filing fee for a traverse and claim varies among counties, but usually will be less than $50.You also must have your traverse and claim served on the creditor and the bank that were the original parties to the garnishment lawsuit.
Typically you would use the sheriff's office to have the parties served.
You must pay a fee for service of process., If the judge orders a hearing on your traverse and claim, you must appear in court or the judge may dismiss your claim.
Arrive to the courthouse at least a half hour early so you have time to go through security and find your courtroom.
Bring along with you copies of all the documents you filed as well as any other documents or witnesses that support your claim.
About the Author
Martha West
Committed to making home improvement accessible and understandable for everyone.
Rate This Guide
How helpful was this guide? Click to rate: