Can a person be garnished for a civil judgment?
Garnishing wages is a way creditors can collect debts over time even if you don’t have any cash to pay a debt at the time of a judgment. The federal government does, however, limit the amount that you wages can be garnished so that you take home enough cash to make ends meet.
Can a plaintiff get a pre judgment garnishing order?
Courts treat them as “an extraordinary remedy” because, as a general rule, a plaintiff is not entitled to judgment execution against a defendant without first obtaining a judgment. A pre-judgment garnishing order can be obtained despite the fact that the defendant debtor has not granted security over its assets to the plaintiff creditor.
Can a garnishment order be used to garnish wages?
In general, wages in all forms can be garnisheed, but most other forms of income cannot be withheld under a creditors garnishment order, except for certain exceptions for child and spousal support orders, or by the CRA for tax arrears and benefit overpayments.
Can a creditor garnish your pay for a debt?
Under wage garnishment, your employer gives a portion of your paycheck to your creditor to pay the debt you owe, reducing the amount of pay you receive until the debt is paid off. A creditor may also be able to garnish cash you are owed for work performed as an independent contractor.
Can You garnish the wages of a judgment debtor?
If the judgment debtor does not currently support a spouse or child, you can garnish up to 60% of the wages (65% if the debtor is 12 or more weeks in arrears). Some states have even lower wage garnishment limits.
What is the question in a garnishment case?
In the garnishment case, the question is whether the garnishee (bank or employer) is indebted to (or holds any assets of) the debtor defendant. Therefore, a garnishment proceeding is a distinct suit against a separate party and an entirely new cause of action.
When to file a garnishment action in Georgia?
You may file a garnishment action to collect a Georgia court money judgment, an out of state money judgment (called a foreign judgment), or to collect a federal court money judgment. Must you have a judgment against the Debtor Defendant?
How long do I have to wait to file a garnishment?
How long do I have to wait to file a garnishment action after I obtain a judgment? Garnishment proceedings may be filed immediately if the judgment issued is a default judgment. Otherwise, a period of ten (10) days must lapse before a garnishment may be filed. What Kinds of Property are Subject to Garnishment?