Friday, June 11, 2004

The Length of a Garnishment in Georgia

Creditors may engage in collections activities to attempt to collect past due debt from Georgia residents. If collections activities are not successful, a creditor may file a judgment suit against you in the county where you reside. After successfully obtaining a judgment, the creditor is entitled to take steps to recover debt from you, including garnishment of your wages. In some cases, wage garnishment can last for the rest of your life.

Length of Enforcement

    Georgia follows federal laws regarding wage garnishment; however, federal law does not provide limitations on the time a judgment creditor may enforce a judgment by garnishing your wages. Georgia provides a statute of limitation of seven years on judgments obtained from a court located within the state of Georgia. This means that a judgment creditor cannot garnish your wages for longer than seven years, unless the creditor renews or revives the judgment.

Judgment Renewal

    Although a domestic judgment in Georgia is only valid for seven years after the date of entry by the court, the judgment creditor may petition the court for renewal of the judgment an unlimited number of times. If the judgment creditor chooses to renew the judgment, it may potentially last for the rest of your life. This means that as long as a judgment creditor follows renewal procedures, there may be no end to the length of time it can garnish your wages, as long as a portion of the judgment debt remains unpaid.

Revival of Dormant Judgment

    If a judgment creditor does not renew a judgment, it becomes dormant seven years after the date of entry or last renewal. If a judgment becomes dormant, the judgment creditor can no longer take action, including wage garnishment, to collect judgment funds. However, a judgment creditor may revive a dormant judgment by filing a new action with the court, which allows the creditor to resume collection activities, including wage garnishment.

Petition for Siere Facias

    If a Georgia judgment is dormant for a period less than three years, a judgment creditor may also file a petition for siere facias with the court that originally awarded the judgment. This petition requests the court to renew the judgment, even though the judgment creditor did not renew it before the expiration of the seven year period. If the court grants the renewal, the judgment creditor can resume garnishing your wages.

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