- Garnishments are awarded by judges order in the courthouse in Georgiafist image by Aleksandar Radovanovic from Fotolia.com
The Georgia Secretary of State explains garnishment as any court-ordered creditor collection that is taken from a person's bank account or wages. Garnishment is typically done in payments or installments until the entire debt is repaid. The Georgia Department of Human Services states that in addition to court-ordered garnishments, the IRS and state tax authority can garnish wages for unpaid taxes, and federal agencies can garnish wages for any debt owed to the government. - The plaintiff must file a claim with the magistrate court under oath. The statement must include the plaintiff's details, the defendant's personal details, the amount of money requested and the purpose of the lawsuit. A plaintiff must file the suit in the specific county the defendant lives in. The plaintiff then pays a filing fee of $45 to $55 as of 2010. After he is served, the defendant has 30 days to respond in writing or orally before the hearing is scheduled. The hearing will commence 15 to 30 days after the defendant answers the notice. During the hearing, all documentation will be presented from both sides, and the judge will determine the outcome. If the defendant does not appear, the judgment will automatically be for the plaintiff. An appeal can be filed by either party within 30 days of the initial hearing.
- After the judgment has been reached, and the plaintiff wins the right of garnishment, the plaintiff must file a post-judgment interrogatory to identify the defendant's bank information, according to the Governor's Office of Consumer Affairs. This form is filed with the magistrate court, and the defendant must be served with the filing. Once the defendant receives the request, he has 30 days to respond, and the response is under oath. The defendant may close his bank account after receiving the notice, and the plaintiff would need to gather any new bank information. The plaintiff can also ask for information about assets that can be sold to pay the garnishment.
- According to Georgia's Secretary of State, once the employer is served with a notice of garnishment, that employer has 45 days to respond to the garnishment. The employer must respond to the garnishment notice. If an employer fails to respond, the creditor has the legal right to seek the full payment of the employee's debts from the employer. Employees are protected from being fired or removed from positions within a company because of a judgment of garnishment.
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