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Old 12-19-2008, 12:02 PM
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Join Date: Apr 2007
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State=Georgia: quashing wage garnishment and timeline


Georgia

This is regarding Wage Garnishment in GA. My employer mailed me copy of the suspena they were served re: Garnishing my wages. It stems from a judgment about six years ago. However, the original plaintiff sold their debt and I have been in good standing with this second debt owner. Are my wages going to start being garnished at my very next pay check? Doesn't there have to be a hearing before the garnishment begins?

How do I go about filing a motion to quash a wage garnishment?

I just received a copy of my employer’s of the garnishment motion yesterday. The payroll office did not get the info until 12/9. My next pay check is next Wednesday. Will the garnishment probably start with that pay check?

The Plantiff sent all correspondence to my old address while my employer sent the correspondence to my current address.

I am in Georgia. The original judgment was made in Cobb County. The garnishment was filed in Gwenett County.

Any advise?
  #2  
Old 12-20-2008, 05:43 PM
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Join Date: Dec 2008
Location: Suffolk County, NY
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1) Are my wages going to start being garnished at my very next pay check?

Depends on how fast your payroll department processes the wage execution

2) Doesn't there have to be a hearing before the garnishment begins?

No, a wage execution is apart of judgment enforcement.

3) How do I go about filing a motion to quash a wage garnishment?

You would have to file an Order to Show Cause, but you need a meritorious defense as why you do not owe the money and have a reasonable excuse as to why it has taken you so long to pay the debt - so in my opinion if you owe the money just let the wage execution finish out.
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