If you are a Georgia resident who has fallen behind on debt payments, and you have made no attempt to resolve your debt delinquency with your creditor, you may face consequences more severe than collection calls and credit damage. Under certain circumstances, Georgia law permits creditors to garnish a portion of your wages to satisfy debts. Unlike other states such as Florida, Georgia does not apply separate garnishment rules if you are the head of household.
Garnishment Authorization
A private creditor cannot automatically garnish your wages in Georgia if you fall behind on your debt payments. It must first file a lawsuit against you and obtain a legal judgment from a county or district court. A judgment serves as a legal verification of your debt obligation to the creditor. After obtaining a judgment, the creditor may apply to the court for a writ of garnishment, which permits the creditor to order your employer to withhold part of your earnings for payment against the judgment debt.
Garnishment Limitations
A creditor may garnish up to 25 percent of your disposable earnings, regardless of whether you are a head of household. Disposable earnings refers to the amount you make after tax deductions -- health insurance, retirement plan and life insurance payments deducted from your wages do not reduce your disposable income for garnishment purposes. Georgia imposes an additional limitation on earnings garnishment -- if you earn less than 30 times the federal minimum wage on a weekly basis, your earnings are protected from garnishment.
Other Exemptions
Certain other types of earnings are exempt from garnishment in Georgia. Social Security income can only be garnished for tax, alimony and child support debts. Creditors cannot garnish state employee pensions or worker's compensation benefits. Also, disability, health insurance and annuity payments up to $250 per month are protected from garnishment under Georgia law.
Length of Garnishment
Regardless of whether you are the head of household, debt judgments in Georgia are only valid for seven years after the date of entry. This means that a judgment creditor has seven years to execute a writ of garnishment and collect from you by taking a portion of your wages. However, Georgia permits creditors to apply for judgment renewals -- if a court grants a renewal, the judgment creditor can continue garnishing your wages for an additional seven years or until the judgment is paid in full.
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