need answers!!!

[HISGIRLONLY]

georgia

i won a judgement by default in small claims court on yesterday...i immediately filed a continuing garnishment form while at the clerks office to have defendant's wages garnished for repayment. what percentage can be garnished each pay period? also i know this action will cause possible threats or attempt of harm to me or my property...(defendant very hostile, as a result of law suit) can i file an order of protection in anticipation of her actions?

please help....want to protect myself!!!

 

[JETX]

First off, your garnishment action will be rejected. The judgment that you just won isn't final until 30 days have passed. This is to give the judgment debtor the chance to appeal the judgment.

Then, after the 30 day period:
a. You may request that the court issue a fieri facias (fi.fa.). The fi.fa., (proof of your judgment) once issued, places a lien against the losing party and any property he/she may own. The cost for issuing and recording the fifa on the General Execution Docket is $4.00. You may also take the fifa and have it recorded in any county
in Georgia. If you need to record the fi.fa. outside the State of Georgia, you should consult an attorney.
b. You may file a garnishment against wages or a bank account. In most counties, garnishments are filed through the Magistrate Court. Garnishments filed against wages are filed in the county where the employee is located. Garnishments filed against a bank account should be filed in the county where the bank is located.
c. You may also levy against real and personal property. This process is started by having the clerk issue a Fifa. Since the fi.fa. is proof of having a judgment, the sheriff will require the Fifa to levy against any personal property. If you want to levy against real property you should contact an attorney for the procedure.

As for the amount, GA applies the federal exemptions:
Federal Law exempts from garnishment 75% of disposable earnings per week, or an amount = to 30 x federal minimum hourly wage, whichever is greater.

 

[HISGIRLONLY]

NEED ANSWERS

halket,

thanx for your response, i have few more questions and clarification...when in court, the defendant did not show, therefore the judge stated there is no appeal when there's a no show...secondly, he issued a copy of the judgement at that time...the clerks office reviewed it and stated it was ok to file right then...two days later, the garnishee and defendant have both been served by local authorities with the paperwork. at what point will it be rejected?

could i have recieved incorrect information from the magistrate's clerk's office, and judge?

thanks

 

[elljay]

Dear HISGIRLONLY.


I won a default judgment and have filed a fifa, but I've decided to file a garhishment also.

I just have a couple of questions.

1. What did you garnish?

2. Did you have to provide the court with the whereabouts of the what was to be garnished?

Thank you in advance.