Search Site
Menu
Ending Georgia Wage Garnishments by Filing for Bankruptcy

Bankruptcy Court. After a creditor has obtained a judgment, the creditor may seek an order allowing garnishment of the debtor’s wages. If approved, this remedy generally allows a creditor to take up to 25 percent of the debtor’s disposable weekly earnings, which consist of gross pay after taxes, social security, state unemployment insurance, and employee retirement contributions.

Most people find it exceedingly difficult to meet their monthly obligations while being subject to a creditor’s wage garnishment. One way of obtaining relief from wage garnishments in Georgia is filing for bankruptcy. This results in an automatic stay going into effect, preventing most creditors from taking any actions to collect a debt. If a creditor takes illegal action to collect a debt in violation of the automatic-stay, they run the risk of being fined and may be ordered to pay additional damages. Note: The automatic stay also protects debtors from eviction, having their utilities cut off, and foreclosure of their home.

Depending on whether you file for Chapter 7 or Chapter 13 bankruptcy, the relief granted by the stay may only be temporary. What’s more, not all garnishments can be stopped. For example, in a Chapter 7, domestic support obligations such as child support and spousal support are not subject to the automatic stay. In a Chapter 13 case garnishments for ongoing domestic support obligations will continue and because Chapter 13 is a reorganization of debt, you will need to pay any arrearage within the length of the plan (3-5 years).

There are other situations where the automatic-stay provision will not be especially helpful to a debtor. For one thing, creditors may attempt to have the court lift the automatic stay. Additionally, if you have filed for bankruptcy within the previous year, the automatic stay will only last for 30 days (unless extended by court order), and if you have filed for bankruptcy two or more times in the past one year, there is no automatic stay at all until the court imposes it.

If you are considering filing for bankruptcy in Georgia, contact Jeff Field, a compassionate and experienced Georgia bankruptcy lawyer who has dedicated his career to helping his clients put their financial worries behind them and move on with a fresh start. Our main office is located in Scottdale and we also have offices in Gainesville, Marietta, Athens, Lawrenceville and Douglasville. To learn how we can help you with your situation, call Jeff Field & Associates at 404-381-1278 or contact us online to schedule a free consultation today.

Leave a Reply

Your email address will not be published. Required fields are marked *

Videos
Our Attorneys
Client Reviews
  • google
    5.0/5.0

    This was a hard thing to do but Chris made it easy and explained everything in a way I understood the process. I would recommend anyone having to go through this to contact this office! Casey was great as well and the communication kept the whole tim...

    Read more

    Beth Carlin

  • google
    5.0/5.0

    The staff made a very stressful situation much easier to cope with. They treated me with kindness and respect. Chris and Laura are very professional and knowledgeable.

    Read more

    Anita York

  • lawyers
    5.0/5.0

    The Entire team at Jeff Field and Associates were so helpful throughout the entire process. They were quick with responses and handled everything. They dont make you feel bad about your decision, and provide very helpful advice. Mr. Fields was always...

    Read more

    Client

  • google
    5.0/5.0

    We started our process in October 2021, the process was fast and easy. Casey Brown was there to answer questions via email expeditiously. In 3 months our case was discharged and we are extremely thankful and excited for the future. This truly was a...

    Read more

    Joan Bunting

  • lawyers
    5.0/5.0

    I enjoyed working with Jeff and his team. They were always there to help and answer any questions that I had in a timely manner. I highly recommend Jeff Fields and Associates.

    Read more

    Client

See all reviews
Contact us

Please fill out the form below and one of our attorneys will contact you.

Quick Contact Form