Can I Avoid Garnishment in Georgia if I am Head of Household?

Garnishment is a collection strategy used by creditors when your account has become severely delinquent -- usually at least six months past due -- and you have made no effort to establish a repayment arrangement. Although some states provide protection against garnishment for heads of household, you are subject to the same garnishment laws as any other debtor in Georgia as the head of your household.

Executing a Garnishment

Before a private creditor or collector can garnish the wages of any debtor in Georgia, it must file a civil suit in the magistrate court of the county where the debtor resides. If a creditor files a lawsuit against you, and you cannot provide proof that you have already paid your debt, the magistrate court will grant a judgment in favor of the creditor. Your creditor can then obtain a writ of garnishment, which is a legal authorization for wage garnishment. However, a government entity does not typically need a court order before executing a garnishment.

Garnishment After Judgment

After a creditor or collector obtains a legal judgment against you in Georgia, there is little you can do to stop the garnishment. A judgment removes you from the process, leaving the court, the creditor and your employer to determine how much the court will take from your earnings. You may petition the court for a hearing to demonstrate that garnishment would reflect a severe financial hardship. However, it is up to the court to decide whether the hardship outweighs your legal obligation to repay your debt.

Limitations of Garnishment

Georgia follows federal law regarding garnishment limitations. If you earn less than 30 times the federal minimum hourly wage per week, your earnings are garnishment-proof. If you earn more than this amount per week, the creditor can take your earnings in excess of 30 times federal minimum wage each week, or 25 percent of your income after taxes, whichever is less. These limitations apply regardless of how many dependents you have. However, if the garnishment is for past due taxes, child support or alimony, the creditor may take 50 percent of your earnings if you support a spouse or dependent, and 60 percent if you support a spouse or dependent.

Avoiding Judgment

Avoiding a judgment is the most effective way to avoid wage garnishment in Georgia. Stay in contact with your creditor or collector and demonstrate willingness to pay off your debt. Because legal action and garnishment is expensive, most creditors would rather work out a payment arrangement with you than pursue legal action, even if the arrangement involves a temporary payment forbearance or interest rate reduction.