Wage Garnishment Filing Guide
Summary
In Georgia, wage garnishment can take up to 25% of disposable earnings. You can file a claim of exemption or motion to quash in Gwinnett County. Obtain the necessary forms from the county clerks office, file them with the court, and attend the scheduled hearings. Ensure you serve the creditor with a copy of your motion.Full Conversation
My wages got garnished in Gwinnett County Georgia. The money taken was for this months bills.
Hi Tawanda! I'm sorry to hear about your wage garnishment. In Georgia, wage garnishment laws can be strict. Here's some general information:
- Georgia allows garnishment up to *% of disposable earnings or the amount by which weekly earnings exceed * times the federal minimum wage, whichever is less.
- You should have received a notice before garnishment began.
- You may challenge the garnishment by filing a claim of exemption or motion to quash.
Do you want information on how to file a claim of exemption or motion to quash in Gwinnett County?
Yes can I have information on how to file both.
Sure, Tawanda! Here's how you can file a claim of exemption and a motion to quash in Gwinnett County, Georgia:
Claim of Exemption:
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Complete the form: Obtain a "Claim of Exemption" form from the Gwinnett County Clerk's office or their website.
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File with the court: Submit the completed form to the court that issued the garnishment order.
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Attend the hearing: The court will schedule a hearing where you can present your case.
Motion to Quash:
- Draft the motion: Write a "Motion to Quash" stating why the garnishment is invalid or improper.
- File with the court: Submit your motion to the court that issued the garnishment order.
- Serve the creditor: Provide a copy of the motion to the creditor or their attorney.
- Attend the hearing: The court will schedule a hearing to decide on your motion.
Would you like more detailed instructions on any of these steps?
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