Georgia Wage Garnishment and Exemption Claim Package

GEORGIA WAGE GARNISHMENT AND EXEMPTION CLAIM PACKAGE

OVERVIEW AND KEY GEORGIA DEADLINES

GEORGIA WAGE GARNISHMENT LIMITS

Georgia applies the federal CCPA cap under O.C.G.A. § 18-4-5(b):

The maximum aggregate disposable earnings subject to garnishment for a workweek is the lesser of:

1. 25% of the defendant's disposable earnings for that week; OR
2. The amount by which the defendant's disposable earnings for that week exceed 30 × the federal minimum hourly wage in effect at the time the earnings are payable.

For support orders, the CCPA cap rises to 50%–65% per 15 U.S.C. § 1673(b).

CATEGORICAL EXEMPTIONS (O.C.G.A. § 18-4-6 and § 44-13-100)

Funds and earnings that are exempt from garnishment include:

• Social Security and SSI benefits (42 U.S.C. § 407)
• Veterans' Administration benefits (38 U.S.C. § 5301)
• Workers' compensation (O.C.G.A. § 34-9-84)
• Unemployment compensation (O.C.G.A. § 34-8-252)
• Public assistance / TANF / SNAP (O.C.G.A. § 49-4-35, federal preemption for SNAP)
• Retirement and pension benefits under O.C.G.A. § 18-4-22
• Child support received
• Personal property exemptions under O.C.G.A. § 44-13-100 (including motor vehicle up to $5,000, tools of trade up to $1,500, household goods, wildcard, homestead $21,500)
• Disability and life insurance proceeds reasonably necessary for support

PART 1 — PRE-GARNISHMENT CHECKLIST (PLAINTIFF)

☐ Final money judgment entered (state, federal, or properly domesticated foreign judgment per O.C.G.A. § 9-12-130 et seq.)
☐ Judgment balance computed (principal + post-judgment interest at the rate per O.C.G.A. § 7-4-12 + costs − credits)
☐ Garnishment type identified:
☐ Continuing garnishment of wages (O.C.G.A. § 18-4-72)
☐ Garnishment of financial institution (O.C.G.A. § 18-4-71)
☐ Continuing garnishment for support (O.C.G.A. § 18-4-73)
☐ Other garnishment (O.C.G.A. § 18-4-71)
☐ CORRECT MANDATORY STATUTORY FORM SELECTED per O.C.G.A. § 18-4-7 (wrong form voids garnishment and relieves garnishee of all liability)
☐ Garnishee's name and address verified
☐ Defendant's last known address verified
☐ Service-package documents assembled per O.C.G.A. § 18-4-8(a):
☐ Affidavit of Garnishment
☐ Summons of Garnishment
☐ Attachment for Summons
☐ Notice to Defendant of Right Against Garnishment of Money, Including Wages, and Other Property (§ 18-4-82)
☐ Defendant's Claim Form (§ 18-4-82)
☐ Bankruptcy stay check completed
☐ 195-day Continuing Garnishment "subsequent" period accounted for (Note: the continuing garnishment captures only 179 days of post-service earnings, although prior practice often referenced an aggregate period of approximately 195 days when accounting for filing of the subsequent affidavit)

PART 2 — AFFIDAVIT OF CONTINUING GARNISHMENT (WAGES)

IN THE [☐ STATE / ☐ SUPERIOR / ☐ MAGISTRATE / ☐ CIVIL] COURT OF [____________________] COUNTY
STATE OF GEORGIA

Case No.: [________________________________]

AFFIDAVIT OF CONTINUING GARNISHMENT

(O.C.G.A. § 18-4-72)

Personally appeared [AFFIANT NAME], who being duly sworn, deposes and says:

1. Affiant is the [☐ Plaintiff / ☐ Attorney for Plaintiff / ☐ Plaintiff's Authorized Agent] in the above-referenced matter and has personal knowledge of the facts set forth herein.

2. On [__/__/____], in the [__________ Court of __________ County, State of __________], a final money judgment was entered in favor of [PLAINTIFF NAME] and against [DEFENDANT NAME] in the principal sum of $[____________].

3. As of [__/__/____], there is presently due and owing on the judgment:

4. Affiant believes that [EMPLOYER / GARNISHEE NAME], whose address is [________________________________], is or may be an employer of the Defendant and is or may be indebted to the Defendant in the form of wages, salary, commissions, bonuses, or other compensation.

5. The Defendant's last known address is: [________________________________].

6. The Defendant's Social Security Number (last 4 digits) is: XXX-XX-[________].

7. Affiant requests that a Summons of Continuing Garnishment be issued and served upon the Garnishee pursuant to O.C.G.A. § 18-4-78, and that this continuing garnishment shall apply to all earnings of the Defendant on the date of service plus the next 179 days.

Sworn to and subscribed before me this [____] day of [____________], [______].

___________________________________
Notary Public

___________________________________
[AFFIANT SIGNATURE]
[NAME / ATTORNEY BAR NO.]
[ADDRESS]
[TELEPHONE]
[EMAIL]

PART 3 — SUMMONS OF CONTINUING GARNISHMENT

SUMMONS OF CONTINUING GARNISHMENT

(O.C.G.A. § 18-4-78)

TO: [EMPLOYER / GARNISHEE NAME]
At: [GARNISHEE ADDRESS]

YOU ARE HEREBY COMMANDED to file an Answer with the Clerk of the [____________________] Court of [____________________] County, on a form provided by the Clerk, not before the 30th day after, and not later than the 45th day after, the date of service of this Summons. With your Answer, you must deposit with the Clerk the money (or value of property other than money) that you are required to withhold under O.C.G.A. § 18-4-5.

THIS CONTINUING GARNISHMENT COVERS THE EARNINGS OF THE DEFENDANT THAT ARE NOT EXEMPT owed by you, the Garnishee, to the Defendant on the date of service of this Summons through and including the 179th day thereafter.

MAXIMUM AMOUNT SUBJECT TO GARNISHMENT (15 U.S.C. § 1673 / O.C.G.A. § 18-4-5):
The amount of disposable earnings subject to garnishment for any workweek is the lesser of:
(a) 25% of disposable earnings for that workweek; or
(b) The amount by which disposable earnings for that workweek exceed 30 × the federal minimum hourly wage.

Total amount of the judgment now sought: $[____________].

Date of Issue: [__/__/____]

___________________________________
Clerk of Court
By: [____________], Deputy Clerk

PART 4 — NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT

NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT OF MONEY, INCLUDING WAGES, AND OTHER PROPERTY

(O.C.G.A. § 18-4-82)

A court order has been issued in this case requiring your employer, bank, or other person holding your money or property to send some of that money or property to the court because the Plaintiff has obtained a judgment against you.

Some of your money or property may be exempt from garnishment, meaning that the Plaintiff cannot take it. If your money or property is exempt, you must file a Claim Form with the Clerk of the Court within fifteen (15) days of the date this Notice was mailed or delivered to you, asking the Court to release the exempt money or property.

The following are examples of money or property that may be EXEMPT from garnishment:

1. Social Security benefits (retirement, disability, SSI)
2. Supplemental Security Income (SSI)
3. Veterans' Administration benefits
4. Federal Civil Service Retirement benefits
5. Federal Railroad Retirement / Unemployment benefits
6. Public assistance / TANF / SNAP / WIC
7. Workers' compensation benefits
8. Unemployment compensation
9. Child support received for the benefit of a minor child
10. Earnings to the extent of 75% of your disposable earnings or 30 × the federal minimum hourly wage, whichever is greater (the protected portion)
11. Disability benefits
12. Pension and retirement plan benefits (ERISA-qualified, IRAs, 401(k)s — see O.C.G.A. § 18-4-22)
13. Life insurance proceeds reasonably necessary for support
14. Personal property exemptions under O.C.G.A. § 44-13-100, including:
    - Motor vehicle equity up to $5,000
    - Tools of the trade up to $1,500
    - Household goods up to $5,000
    - Health aids
    - Wildcard up to $1,200 (plus unused homestead up to $10,000)
    - Homestead up to $21,500 (or $43,000 jointly held)

TO CLAIM AN EXEMPTION, complete the attached Defendant's Claim Form and file it with the Clerk of the Court at the address shown above, AND mail a copy to the Plaintiff or the Plaintiff's attorney, within fifteen (15) days of receipt of this Notice.

A HEARING WILL BE HELD to decide your claim. The Court will notify you of the date and time.

You have the right to consult with an attorney. Free legal services may be available through Legal Aid or a local pro bono program.

PART 5 — DEFENDANT'S CLAIM FORM

DEFENDANT'S CLAIM FORM

(O.C.G.A. § 18-4-82)

IN THE [____________________] COURT OF [____________________] COUNTY, STATE OF GEORGIA

Case No.: [________________________________]

I, [DEFENDANT NAME], the Defendant in the above-styled action, claim that the money or property described below is EXEMPT from garnishment, and request that it be released to me:

Money or Property Claimed Exempt

Grounds for Exemption (check all that apply):

☐ Social Security retirement / disability / SSI benefits (42 U.S.C. § 407)
☐ Veterans' Administration benefits (38 U.S.C. § 5301)
☐ Federal Civil Service Retirement / Railroad Retirement benefits
☐ Workers' compensation (O.C.G.A. § 34-9-84)
☐ Unemployment compensation (O.C.G.A. § 34-8-252)
☐ Public assistance / TANF / SNAP / WIC (O.C.G.A. § 49-4-35; federal preemption)
☐ Pension / retirement plan benefits (O.C.G.A. § 18-4-22; 29 U.S.C. § 1056(d))
☐ Child support received
☐ Disability benefits / life insurance reasonably necessary for support
☐ Earnings to extent of 30 × federal minimum hourly wage per week, or 75% of disposable earnings, whichever is greater
☐ Personal property exemption under O.C.G.A. § 44-13-100 (specify subsection): [____________]
☐ Homestead exemption (O.C.G.A. § 44-13-100(a)(1))
☐ The judgment has been satisfied, vacated, or is on appeal
☐ Automatic bankruptcy stay (11 U.S.C. § 362) — Case No. [____________], filed [__/__/____]
☐ The Plaintiff used the wrong statutory form, in violation of O.C.G.A. § 18-4-7
☐ Other: [________________________________]

Supporting Documentation Attached:

☐ Pay stubs / bank statements
☐ Benefit award letters
☐ Bankruptcy notice
☐ Other: [________________________________]

I REQUEST A HEARING to present evidence and argument in support of this claim, and that the Court enter an Order: (a) finding the funds/property claimed are exempt; (b) directing the Clerk to release said funds/property to me; and (c) terminating any continuing garnishment of exempt earnings.

Dated: [__/__/____]

___________________________________
[DEFENDANT SIGNATURE]
[ADDRESS]
[TELEPHONE]
[EMAIL]

CERTIFICATE OF SERVICE

I certify that on [__/__/____], a true and correct copy of this Claim Form was [☐ mailed by U.S. Mail / ☐ emailed / ☐ hand-delivered] to the Plaintiff or Plaintiff's attorney at [________________________________].

___________________________________
[SIGNATURE]

PART 6 — GARNISHEE'S ANSWER (CONTINUING GARNISHMENT)

GARNISHEE'S ANSWER

(O.C.G.A. § 18-4-13)

The undersigned, on behalf of [GARNISHEE NAME], being duly sworn, states:

1. The Garnishee was served with the Summons of Continuing Garnishment on [__/__/____].

2. The Defendant ☐ is / ☐ is not currently employed by the Garnishee.
   Date employment commenced: [__/__/____]
   Date employment ended (if applicable): [__/__/____]

3. During the period from the date of service through the date of this Answer (or to the 45th day after service, whichever is earlier), the Defendant's wages/earnings were as follows:

4. The total amount subject to garnishment deposited with the Clerk with this Answer: $[____________].

5. Other withholding orders in effect (specify type, court, case no., and priority): [________________________________].

I declare under penalty of perjury that this Answer is true and correct.

Date: [__/__/____]

___________________________________
[NAME / TITLE]
On behalf of [GARNISHEE]

Subscribed and sworn before me this [____] day of [____________], [______].

___________________________________
Notary Public

PART 7 — WAGE CALCULATION WORKSHEET (GEORGIA / CCPA)

PART 8 — DEFENDANT'S TRAVERSE AND MOTION TO DISSOLVE GARNISHMENT

DEFENDANT'S TRAVERSE AND MOTION TO DISSOLVE GARNISHMENT

(O.C.G.A. § 18-4-20)

COMES NOW [DEFENDANT NAME], Defendant, and pursuant to O.C.G.A. § 18-4-20 traverses the Affidavit of Garnishment and moves this Court to DISSOLVE the garnishment, on the following grounds (check all that apply):

☐ The Plaintiff used the incorrect statutory form under O.C.G.A. § 18-4-7. The garnishment is therefore not valid and the Garnishee is relieved of all liability.

☐ The Affidavit fails to state the amount claimed due, or the amount claimed is incorrect.

☐ The judgment upon which the garnishment is based has been satisfied, vacated, reversed, or is on appeal with supersedeas.

☐ The Defendant has filed a bankruptcy petition (Case No. [____________], filed [__/__/____]); the automatic stay of 11 U.S.C. § 362 applies.

☐ The earnings/funds garnished are wholly exempt under O.C.G.A. § 18-4-22, 44-13-100, 42 U.S.C. § 407, or 38 U.S.C. § 5301.

☐ The Defendant is not employed by, and is not owed money by, the named Garnishee.

☐ The 20-day traverse deadline has not expired and a hearing is required before any distribution.

☐ The Plaintiff failed to serve the required Notice to Defendant and Claim Form under O.C.G.A. §§ 18-4-8(b) and 18-4-82.

☐ Other: [________________________________]

WHEREFORE, Defendant prays that this Court enter an Order: (a) sustaining the traverse; (b) dissolving the garnishment; (c) directing the return of all funds and property withheld; (d) granting reasonable attorney's fees and costs if appropriate; and (e) such other relief as the Court deems just.

Dated: [__/__/____]

___________________________________
[DEFENDANT SIGNATURE / COUNSEL]

PART 9 — NOTICE OF HEARING

NOTICE OF HEARING

TO: [PLAINTIFF / COUNSEL] and [GARNISHEE]

PLEASE TAKE NOTICE that on [__/__/____] at [____] [☐ AM ☐ PM], the undersigned will appear before the Honorable [JUDGE NAME], [____________________] Court of [____________________] County, [COURT ADDRESS], to present the attached Defendant's Claim Form and Traverse / Motion to Dissolve Garnishment.

Dated: [__/__/____]

___________________________________
[DEFENDANT / COUNSEL]

CERTIFICATE OF SERVICE

I certify that on [__/__/____], a true and correct copy of the foregoing Motion and Notice of Hearing was served upon the Plaintiff / counsel and the Garnishee by [☐ U.S. Mail / ☐ statutory electronic service / ☐ Hand delivery].

___________________________________
[SIGNATURE]

SOURCES AND REFERENCES

• O.C.G.A. § 18-4-1 et seq. — Garnishment Proceedings (post-2016 reform)
• O.C.G.A. § 18-4-4 — Garnishment time periods (179-day continuing garnishment of wages)
• O.C.G.A. § 18-4-5 — Exempt earnings (25% / 30 × federal minimum wage)
• O.C.G.A. § 18-4-7 — Mandatory statutory forms; incorrect form voids garnishment
• O.C.G.A. § 18-4-8 — Service on garnishee and notice to defendant
• O.C.G.A. § 18-4-13 — Garnishee's Answer (between 30th and 45th day)
• O.C.G.A. § 18-4-16 — Plaintiff's traverse (20-day deadline)
• O.C.G.A. § 18-4-20 — Defendant's traverse (20-day deadline)
• O.C.G.A. § 18-4-21 — Defendant's claim form
• O.C.G.A. §§ 18-4-71 to 18-4-89 — Mandatory statutory forms (Affidavits, Summonses, Notice to Defendant, Defendant's Claim Form)
• O.C.G.A. § 44-13-100 — Bankruptcy / property exemptions
• Strickland v. Alexander, 772 F.3d 876 (11th Cir. 2014) — case driving 2016 reform
• 15 U.S.C. § 1671 et seq. — Federal CCPA Title III