{"id":276,"date":"2015-05-12T13:39:48","date_gmt":"2015-05-12T17:39:48","guid":{"rendered":"https:\/\/magistratepikega.com\/?page_id=276"},"modified":"2023-09-29T15:21:25","modified_gmt":"2023-09-29T19:21:25","slug":"garnishments","status":"publish","type":"page","link":"https:\/\/magistratepikega.com\/?page_id=276","title":{"rendered":"GARNISHMENTS"},"content":{"rendered":"

A garnishment is a legal action that is filed against the garnishee, <\/em>usually\u00a0<\/em>the employer or financial institution, to collect a on a judgement against a debtor. The garnishee is a person or business entity that owes funds to the judgment debtor, or is holding funds on behalf of the judgment debtor. There are two basic types of garnishments: a Summons of Garnishment and Continuing Garnishment. \u00a0A Summons of Garnishment is used primarily for garnishing a bank account or other financial institution. \u00a0A Continuing Garnishment is used solely for garnishing wages.<\/p>\n

If you are filing a Garnishment claim, please be certain to include a copy of your Judgment and\/or Fi. Fa. to your Summons.\u00a0 If you need forms,\u00a0they may be obtained by clicking this link:\u00a0Garnishment Forms<\/span><\/a>\u00a0or from the Magistrate Clerks’ Office.<\/p>\n

Most of the time, if you are looking to attach an amount of money in a bank or credit union, or take money that is being held for a defendant in a case, the process is a Summons of Garnishment. This is the process used against a bank, credit union, etc. *There are several exemptions (moneys that are not available for garnishment) under Federal and State laws. Consult an attorney for specifics. A partial list may be available from the Magistrate Court clerks’ office. \u00a0See below for a partial list of possible funds which are exempt from Garnishment.<\/p>\n

Garnishments are filed in the County where the garnishee is physically located.<\/p>\n

PARTIAL LIST OF POSSIBLE FUNDS EXEMPT FROM GARNISHMENT<\/u><\/strong><\/p>\n

DISCLAIMER:\u00a0 This list may or may not be all-inclusive, and is provided only to bring awareness that exemptions and exclusions may apply.\u00a0 Should you have any questions regarding garnishment process, procedures or exemptions, please consult with an attorney or otherwise educate yourself as the Court and its employees are prohibited from providing legal advice to any party to a suit.<\/strong><\/p>\n

    \n
  1. Disposable Earnings. OCGA \u00a718-4-20 and 15 U.S.C. \u00a71673.\u00a0 Garnishment of earnings from employment is limited to 25% of disposable earnings for a week or the amount by which disposable earnings for a week exceed 30 times the federal minimum wage.\u00a0 NOTE:\u00a0 More money may be taken out of a paycheck for child support payments or if a Chapter 13 bankruptcy provides for a higher amount.<\/li>\n
  2. Social Security Retirement, Social Security Disability Insurance, Supplemental Security Income,\u00a0Social Security Survivor Benefits, 42 U.S.C. \u00a7407.<\/li>\n
  3. Unemployment Benefits. OCGA \u00a734-8-242.<\/li>\n
  4. Workers\u2019 Compensation. OCGA \u00a739-9-84.<\/li>\n
  5. Joint Account-holders. OCGA \u00a77-1-812.\u00a0 NOTE: Depending on the circumstances, such funds may or may\u00a0not be subject to garnishment.<\/li>\n
  6. Child Support. Richards v. Richards<\/u><\/em>, 281 Ga. 285, 286 (2006); Stewart v. Stewart<\/u><\/em>, 160 Ga. App. 463 (1981). In some cases, may exceed the usual 25% limit.<\/li>\n
  7. Medicaid Payments. OCGA \u00a749-4-147.<\/li>\n
  8. Veterans Benefits including Military Pensions, Retirement Pay, Disability Payments. 38 U.S.C. \u00a75301.<\/li>\n
  9. Veterans Survivor Annuities. 10 U.S.C. \u00a71450.<\/li>\n
  10. Federal Student Loans, Grants, and Work Assistance. 20 U.S.C. \u00a71095a.<\/li>\n
  11. ERISA Qualified Retirement & Pension Benefits \u2013 401(k), IRA, & Employer Provided Pensions. OCGA \u00a718-4-22.<\/li>\n
  12. Crime Victim Compensation Funds. OCGA \u00a717-15-8.<\/li>\n
  13. Wages Due to a Deceased Employee of the State up to $2,500.00. OCGA \u00a734-7-4.<\/li>\n
  14. Accident, Sickness, or Disability Insurance Benefits up to $250.00\/month during disability. OCGA \u00a733-29-15.<\/li>\n
  15. Benefits, Charity, Relief, or Aid From Fraternal Benefit Societies. OCGA \u00a733-15-62.<\/li>\n
  16. Cash Value\/Benefits Payable to Life Insurance Policy Beneficiary. OCGA \u00a733-25-11.<\/li>\n
  17. Aid to the Blind. OCGA \u00a749-4-58.<\/li>\n
  18. Aid to the Disabled. OCGA \u00a749-4-84.<\/li>\n
  19. Old Age Assistance. OCGA \u00a749-4-35.<\/li>\n
  20. State Pension \u2013 State or Local Government Employees Under ERS. OCGA \u00a747-2-332.<\/li>\n
  21. State Pension \u2013 Municipal Employees Under Employee Retirement System. OCGA \u00a747-5-71.<\/li>\n
  22. State Pension \u2013 Teachers Retirement System. OCGA \u00a747-4-120.<\/li>\n
  23. State Pension \u2013 Public School Employees. OCGA \u00a747-4-120.<\/li>\n
  24. State Pension \u2013 Firefighters Retirement System. OCGA \u00a747-7-122.<\/li>\n
  25. State Pension \u2013 Members of the General Assembly Retirement System. OCGA \u00a747-6-100.<\/li>\n
  26. State Pension \u2013 District Attorney Retirement System. OCGA \u00a747-12-101.<\/li>\n
  27. State Pension \u2013 Superior Court Clerks Retirement System. OCGA \u00a747-14-91.<\/li>\n
  28. State Pension \u2013 Sheriff\u2019s Retirement System. OCGA \u00a747-16-122.<\/li>\n
  29. State Pension \u2013 Peace Officers Retirement System. OCGA \u00a747-17-103.<\/li>\n
  30. State Pension \u2013 Judicial System Employees Retirement System. OCGA \u00a747-23-121.<\/li>\n
  31. State Pension \u2013 Probate Judges Retirement System. OCGA \u00a747-11-91.<\/li>\n
  32. State Pension \u2013 Magistrate Court Retirement System. OCGA \u00a747-24-101.<\/li>\n
  33. FEMA Disaster Assistance to Individuals and Households. 44 CFR \u00a7 206.110(g).<\/li>\n
  34. Federal Workers Compensation. 5 U.S.C. \u00a78130.<\/li>\n
  35. Federal Employee Thrift Savings Plan. 5 U.S.C. \u00a78437(e)(2).<\/li>\n
  36. Federal Judges Survivor Annuities. 26. U.S.C. \u00a77448.<\/li>\n
  37. Veterans Appeals Court Survivor Annuities. 28 U.S.C. \u00a77297.<\/li>\n
  38. Federal Civil Service Survivor Annuities. 5 U.S.C. \u00a78346.<\/li>\n
  39. Railroad Retirement Pensions, Annuities, and Disability Benefits. 45 U.S.C. \u00a7231m.<\/li>\n
  40. Railroad Unemployment and Sickness Benefits. 45 U.S.C. \u00a71717.<\/li>\n
  41. Longshore and Harbor Workers\u2019 Compensation Benefits. 33 U.S.C. \u00a7916.<\/li>\n
  42. Merchant Seamen Wages and Benefits. 46 U.S.C. \u00a711109.<\/li>\n
  43. Compensation for Injury\/Death of U.S. Contractor Outside U.S.. 42 U.S.C. \u00a71717.<\/li>\n
  44. Money Held by Receivers Appointed by the Court.\u00a0 OCGA \u00a79-8-12.<\/li>\n<\/ol>\n","protected":false},"excerpt":{"rendered":"

    A garnishment is a legal action that is filed against the garnishee, usually\u00a0the employer or financial institution, to collect a on a judgement against a debtor. The garnishee is a person or business entity that owes funds to the judgment debtor, or is holding funds on behalf of the judgment debtor. There are two basic […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-276","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/magistratepikega.com\/index.php?rest_route=\/wp\/v2\/pages\/276","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/magistratepikega.com\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/magistratepikega.com\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/magistratepikega.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/magistratepikega.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=276"}],"version-history":[{"count":12,"href":"https:\/\/magistratepikega.com\/index.php?rest_route=\/wp\/v2\/pages\/276\/revisions"}],"predecessor-version":[{"id":1176,"href":"https:\/\/magistratepikega.com\/index.php?rest_route=\/wp\/v2\/pages\/276\/revisions\/1176"}],"wp:attachment":[{"href":"https:\/\/magistratepikega.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=276"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}