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Garnishment

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mroach05

Junior Member
What is the name of your state (only U.S. law)? Georgia
I just received papers yesterday that my wages would be garnished from a credit card company that does not have a judgement against me. I have not even had time to file a response and they already started garnishing my wages this week. I received no notice from this credit card company since 2013. Is this legal?
 


latigo

Senior Member
What is the name of your state (only U.S. law)? Georgia
I just received papers yesterday that my wages would be garnished from a credit card company that does not have a judgment against me. (?) I have not even had time to file a response and they already started garnishing my wages this week. I received no notice from this credit card company since 2013. Is this legal?
You must be mistaken in believing that the creditor does not have a judgment against you.

Although there is a means available whereby a creditor can attach assets of a debtor (including garnishments) prior to judgment it is a rare occurrence and only used where there is an urgent need - not likely here.

Read the writ or notice of garnishment. I suspect it will improve your memory.
 

mroach05

Junior Member
I'm sure

You must be mistaken in believing that the creditor does not have a judgment against you.

Although there is a means available whereby a creditor can attach assets of a debtor (including garnishments) prior to judgment it is a rare occurrence and only used where there is an urgent need - not likely here.

Read the writ or notice of garnishment. I suspect it will improve your memory.
I looked over the garnishment notice and do not remember a judgement. This account was from 2013. I looked at my credit report and there is no judgement against me.
 

latigo

Senior Member
I looked over the garnishment notice and do not remember a judgement. This account was from 2013. I looked at my credit report and there is no judgement against me.
First I need to correct a portion of my earlier response as I have now learned that that since April 12, 2016 pre-judgment garnishment is no longer available in the state of Georgia. The former pre-judgment garnishment code (OCGA 18-4-40 through 18-4-48) was repealed by Senate Bill 255.

Consequently the garnishment proceedings now facing you are not pre-judgment, but post judgment proceedings.

So whether you believe it or not - and regardless of the "credit report" - you can be assured that there does exist an active, outstanding, unsatisfied judgment against you and in favor of the garnishing judgment creditor!

The reason I can state so with confidence is because of the unusually arduous procedure required to obtain a garnishment in your state. (Which incidentally is called a Summons of Garnishment rather than a Writ or Notice of Garnishment).

And if I am wrong then so is the judge in Georgia that approved the creditor's Affidavit of Garnishment permitting the clerk of the court to issue the Summons of Garnishment! (See: O.C. G. A. Section 18-4-8)

Also, you should shortly be in a position to verify the existence of the judgment as within three business days after your employer has been served with the summons of garnishment the judgment creditor is required to serve you with "a copy of the affidavit of garnishment, a copy of the summons of garnishment, a copy of the Notice to Defendant of Right Against Garnishment of Money, Including Wages, and Other Property, and a copy of the Defendant's Claim Form."

Such service to be made by regular and/or registered or certified mail delivered to your last known address. (See: O. C. G. A. 18-4-18 (b) (1) et seq.)
 

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