Should I Get a Garnishment Defense Attorney If My Wages Are Being Garnished?
Consider these factors when deciding whether to hire a garnishment defense attorney to help with wage garnishment.
What is a Wage Garnishment?
Let’s start by discussing wage garnishment. As the name implies, wage garnishment is the process of taking money from your paychecks to pay debts.
More specifically, wage garnishment allows a creditor to take a portion of your wages to satisfy a judgment.
Under Georgia Law, O.C.G.A. §18-4-5 (a) (1), subject to the limitations set forth in Code Sections 18-4-6 and 18-4-53, a judgment holder to garnish up to 25% of a defendant’s maximum part of disposable earnings for any workweek.
Your Options When Facing a Wage Garnishment
If you are facing the possibility of a wage garnishment or your wages are already being garnished, you may be considering if hiring a garnishment defense lawyer to challenge the wage garnishment, do nothing, or take some other action.
Whether you should hire a debt defense lawyer or address the garnishment some other way depends on several factors, like whether:
You owe the debt
Is there a valid judgment against you
Did you know about the judgment
the creditor more than is legally allowed
the wages being garnished are exempted by state or federal laws.
What income is exempt from a Georgia wage garnishment?
These are general exemptions to wage garnishments. Every case is different. [See a garnishment defense lawyer for advice about your specific situation]. The following types of income or wages cannot be garnished satisfy a judgment:
Social Security disability and retirement benefits (unless you owe child support or, federal student loans, or a federal tax debt)
State Well fare payments
Unemployment Compensation (unless you owe child support)
VA benefits (with some exceptions for the money you owe the government or for support)
After falling victim to a business’s deceptive or fraudulent practices, consumers often find themselves needing a consumer rights lawyer. Turn to the leading Atlanta debt defense attorney. Diwan law is dedicated to fighting for you.
121 Perimeter Center W., Suite 120
Atlanta, GA 30346
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We serve clients across Georgia, including, but not limited to, clients in the following locations: Fulton County including Atlanta, Milton, Roswell, and Sandy Springs; Bibb County including Macon; Carroll County including Carrollton; Cobb County including Kennesaw, Marietta, and Smyrna; Coweta County including Newnan; DeKalb County including Brookhaven, Clarkston, Decatur, Dunwoody, and Stone Mountain; Douglas County including Douglasville; Floyd County including Rome; Gwinnett County including Duluth; Habersham County including Cornelia; and Hall County including Gainesville, Cherokee County, Henry County, Forsyth County, and Paulding County.