Do I have to be notified of a court date for my wages to be garnished for child support?

I have been paying the first of every month. All of a sudden, my employer tells me they are garnishing my wages. How can this happen without my being asked to appear?

Asked on September 12, 2012 under Family Law, Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, if there is a judgment against you for a certain sum of money, the judgment creditor does not have to give you prior notice of a wage garnishment. Upon receipt of the wage garnishment, you as the judgment debtor have the option of filing a claim of exemption in a timely manner with the court as to the proceeding against you.

For such, I suggest that you consult with an attorney that does collection work.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.