Can my wages be garnished without my going to court?

Asked on November 30, 2011 under Bankruptcy Law, Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, one's wages can be subject to a wage garnishment by a judgment creditor without first going to court about the issue.

In the event that your wages as a judgment debtor have been garnished, then you will need to file a claim of exemption with the court to minimize the percentage of your wages that are taken out of your net pay check every pay period by your employer to be sent to the sheriff that serves wage garnishments.

If you file a claim of exemption opposing the wage garnishment, the court will have a hearing on the issue and will make a determination of the percentage that you will lose each pay period to the judgment creditor.

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