What is a garnishment?

A garnishment is a proceeding filed against the employer of a debtor/defendant. The employer is required to turn over to the court any money or other property that they may have in their possession belonging to the debtor/defendant. The plaintiff must have a judgment against the defendant before a garnishment can be filed. The judgment must also be a Georgia judgment (either local courts of federal). Other states' judgments will have to be domesticated (made a Georgia judgment). A judgment is valid for seven years. It can be renewed every seven years.

What is subject to a continuing garnishment?

Money owed to the Plaintiff by the defendant (person being garnished)at the time of service of the summons of garnishment upon the employer is subject to garnishment. Any future funds owed by the employer to the defendant during the lifetime of the garnishment (179 days) are also subject to garnishment. If a defendant has been drawing a salary from his professional corporation, and stops when the notice of garnishment is received, a judge, in some cases, could possibly consider this fraud and collusion.

What is subject to a regular garnishment?

• 100% of any money (or amount of a garnishment, whichever is greater) in a bank account, credit union account, IRA (support garnishments only), or related accounts.
• 100% (same as above) of any commissions owed the defendant; all items found in a safe deposit box.
• 100% of receipts due a business on an American Express, Master Card, or Visa account (bank cards are exceptions).
• 100% of rent owed the defendant; any property of the defendant in the possession of the garnishee (such as stocks and bonds, horses, band uniforms, etc.) - such property is either sold at public auction by the Marshal's or turned over to the plaintiff, whichever the plaintiff elects.

Can more than one judgment be cited on a garnishment?

Garnishments are usually based on a single judgment. However, when a plaintiff has multiple judgments against an individual, the plaintiff may consolidate and file them under a single garnishment. The same principal would apply if various individuals obtain judgments against the same person, and assign their judgments to one entity, an assignee.

What can I do to stop the garnishment?

A garnishment cannot be "stopped" per se. A defendant can file a traverse. A traverse is an action filed by the defendant when he or she has some objection to the garnishment. There are three reasons a defendant may traverse the garnishment:
(1) the judgment does not exist;
(2) the amount claimed is incorrect; and
(3) the affidavit contains an error.