Georgia follows federal regulations for wage garnishment. This means the state has no separate laws for garnishment and instead opts to allow federal law to take precedence. Georgia law does maintain a separate statute of limitations for creditors to pursue judgments to force wage garnishment. Each type of debt is assigned a different statute for debt collection purposes.
Statute of Limitations
Georgia law places a varying statute of limitations on debt collection conducted within its borders. A debt collector has up to four years to sue you to force payment of an open account such as a credit card, six years for a written contract, seven years for a domestic court judgment and five years for a judgment obtained in a foreign court. If a creditor in Georgia sues you after the statute of limitations expires, you may use the expiration as a defense against wage garnishment or lien against your property in civil court.
Wage Garnishment Percentages
Wage garnishment in Georgia is permitted for almost all forms of consumer debt, including back taxes, credit cards and student loans. According to the website for the United States Department of Labor, a consumer's disposable income may be garnished in one of two ways: the lesser of 25 percent of a consumer's disposable income, or $217.50. This last figure represents 30 times the federal minimum wage limit of $7.25 an hour. If a worker in Georgia earns less than $217.50 per week his wages are exempt from garnishment.
Child Support and Alimony
Child support and alimony garnishments are calculated differently than other consumer debts. A consumer who is making child support payments may have up to 50 percent of his disposable income garnished if he is actively supporting a child and up to 60 percent if he is not physically involved in supporting the child. The 50 percent garnishment also applies to a spouse making alimony payments in accordance with a Georgia divorce settlement.
Consumer Credit Protection Act
The Consumer Credit Protection Act makes it illegal for an employer to fire an employee because the worker's wages are garnished to pay one debt. The worker may have multiple credit actions in regard to the debt including liens against property. As long as all the actions apply to just one debt, the worker cannot be legally terminated. If the employee's wages are garnished a second time by a separate creditor, the employer may terminate the worker.
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