Garnishment in Georgia (Video)

If you are facing garnishment for a debt, this video will help you understand what that means and what types of benefits are safe from creditors.

If you have a debt, your creditor may use garnishment to collect the money.

Garnishment allows a creditor to collect the money you owe by taking:
part of your paycheck or the money in your bank accountsUsually, a creditor must get a court order before they can take your money.

There are a few situations where a creditor can garnish your wages without a court judgment.

A creditor does not need a court order for:
unpaid income taxes, court-ordered child support, or defaulted student loans.

There are limits on what a creditor can take through garnishment.

Government benefits such as Social Security, TANF, SSI, veterans’ benefits, workers’ compensation, and unemployment are fully protected, or exempt from garnishment.

If you receive this kind of income, debt collectors should not take any of it, even after it is deposited into your bank account.

The best ways to protect your benefits is to keep them in a bank account separate from other money, or to receive your benefits by electronic debit card.

There are other kinds of income that may be protected under certain circumstances.

In Georgia, these might include retirement or pension benefits, private disability insurance, or disaster relief payments.

Even if your income is not protected, a creditor cannot garnish your whole paycheck.

Unless the debt is child support or alimony, the most a creditor can take the smaller of these amounts:
- 25% of your weekly take home pay, or
- What’s left when you subtract $217.50 from your weekly take home pay.

If you are being garnished and you think your money may be protected, you should talk to a lawyer right away.

Learn more at GeorgiaLegalAid.org