How much of my wages can be garnished in Georgia?
Georgia adopted continuing garnishment in 2016 after federal court ruled the prior system unconstitutional in Strickland v. Alexander.
1. Federal Floor
15 U.S.C. § 1673(a) caps garnishment at the lesser of 25% of disposable earnings or the amount above 30× federal minimum wage ($217.50/week).
2. Georgia Rule
O.C.G.A. § 18-4-5 adopts the federal CCPA formula. § 18-4-6 authorizes continuing garnishment of disposable earnings; § 18-4-8 sets the continuing period at up to 1,095 days (3 years) per summons. Each pay period, the employer must withhold the smaller of 25% of disposable earnings or amount over 30× FMW.
3. Special Categories
4. Head-of-Household Exemption
Georgia has no head-of-household exemption.
5. Process
Creditor files affidavit and summons of continuing garnishment under § 18-4-21; employer is served. Defendant must be served notice with Form 1 under § 18-4-8(b) explaining exemption rights. Debtor files traverse or claim of exemption (Form 2) within 30 days.
6. Multiple Garnishments
Continuing garnishments are processed in order of service; only one at a time per § 18-4-9. Support orders bypass and take priority.
7. Employer Anti-Retaliation
15 U.S.C. § 1674 prohibits firing for a single garnishment. Georgia adds no separate state protection for ordinary garnishments, but child-support withholding firing is barred by O.C.G.A. § 19-6-33.1.
8. Bank Garnishment vs Wage Garnishment
Bank garnishment under § 18-4-4 is a one-time levy of the account balance at service. O.C.G.A. § 18-4-22 exempts certain funds (Social Security, unemployment, workers' comp, public assistance). Up to $5,000 of personal property is exempt under § 44-13-100.
This is legal information, not legal advice.
- Default garnishment with no service of the lawsuit
- Bank levy that swept exempt federal benefits
- Continuing garnishment lasting longer than 3 years
- O.C.G.A. § 18-4-5
- O.C.G.A. § 18-4-6
- O.C.G.A. § 18-4-8
- O.C.G.A. § 18-4-22
- 15 U.S.C. § 1673
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.