STOP GARNISHMENT AND JUDGMENT RELIEF

Have you checked your bank account only to discover that there is a zero balance instead of the hundreds or thousands of dollars, there is a zero balance?  Or, is your paycheck 25% less than your expected amount?

This may be a result of a legal garnishment.

A garnishment is a legal process in which a court can order the seizure of property or wages. After a creditor, such as a credit card company, obtains a judgment against a customer, the debt collector can initiate a separate lawsuit against a third party [“the garnishee”] that owes money or property to the individual.

One of the worst things about the process is that it can result in all the money in your bank account being seized and up to a 25% reduction in your paycheck until the judgment is satisfied.

Stopping Wage or Bank Garnishments

When clients ask me if I can stop a garnishment and get their money back, I answer with a “maybe” and ask a series of specific questions to determine the likelihood.

A few situations could result in the reversal of legal garnishment in Georgia. Many of these situations involve claims of exemption.

Federal and Georgia laws govern garnishment actions and protect consumers from excessive withholdings.

A consumer must file a claim for a garnishment exemption within 20 days of the garnishment service.

Once the consumer files the defendant claim form, the court will set the case down for a hearing. If the court determines that the consumer does qualify for a garnishment exemption, wage or bank garnishment will stop, and any money seized will be returned.

The final example, voiding or vacating the original judgment, is more complicated.

When clients speak with me to discuss stopping or reversing a garnishment, along with investigating possible garnishment exemption, I also consider whether the original judgment was not properly obtained and is voidable with a motion to set aside the judgment.

In this instance, it is not just that the garnishment stops and the client’s funds are returned, but also the original judgment is set aside, and the customer has the opportunity to be free and clear of the debt.

As a local attorney representing consumers, I will examine the original judgment for any improper procedure (i.e. improper service, a Fair Debt Collection Practices Act violation, etc).

KEEP TWO THINGS IN MIND:

Even if you qualify for a garnishment exemption or other relief, your garnished funds will be placed in escrow while you wait for the court to hear your case.

After the court hearing, you must wait for the plaintiff (the debt collector) and the court clerk’s office to take the necessary steps to return your money to you.

As an Atlanta garnishment attorney experienced in stopping or reversing wage or bank garnishment, Diwan Law can guide you through the whole process of stopping or eliminating a bank or wage garnishment by:

• reviewing your case for possible garnishment exemptions or other forms of relief;
• representing you at the court proceeding;
• if your claim is successful, speeding the process of the return of your money;
• if you do not have any available exemptions, negotiate a better deal with the creditor or debt collector.