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How Can I Apply for Garnishment Hardship in Georgia?

Published in Georgia Garnishment Exemption 5 mins read

To apply for garnishment hardship in Georgia, you must file a formal Claim of Exemption (WG-006) with the court. This legal document allows you to explain to the Sheriff and the court why some or all of your wages that a creditor seeks to garnish should be protected or exempt, often due to financial necessity or legal protections.

Understanding Garnishment Hardship and Exemptions

In Georgia, "garnishment hardship" typically refers to situations where having your wages garnished would prevent you from meeting basic living expenses or if the funds being garnished are legally protected. The primary method to address such hardship is by claiming an exemption.

Wage garnishment allows a creditor to take a portion of your earnings directly from your employer to satisfy a debt. However, both federal and Georgia state laws provide protections, known as exemptions, to ensure that individuals retain enough income to support themselves and their families.

Steps to File a Claim of Exemption

If you receive a garnishment summons or notice, it's crucial to act quickly as there are strict deadlines.

  1. Receive the Garnishment Notice:

    • You will typically receive a copy of the garnishment summons from the court or your employer. This notice informs you that a creditor is attempting to garnish your wages.
    • It will also usually include instructions on how to file a Claim of Exemption and the deadline for doing so.
  2. Obtain the Claim of Exemption Form:

    • The specific form required is the Claim of Exemption (WG-006).
    • You can often obtain this form from the clerk of the court where the garnishment action was filed, or sometimes it may be provided with the garnishment summons itself.
  3. Complete the Claim of Exemption Form:

    • Carefully fill out the WG-006 form.
    • You will need to specify why your wages should be exempt. This could be because:
      • The wages fall below the minimum non-exempt amount allowed by law.
      • The funds are from a protected source (e.g., Social Security, VA benefits, child support).
      • You have dependents and the garnishment would leave you unable to provide for their basic needs.
      • The garnishment would exceed the maximum allowable percentage under federal or state law.
  4. File the Form with the Court:

    • Once completed, you must file the Claim of Exemption (WG-006) with the clerk of the court that issued the garnishment summons.
    • There is a specific deadline for filing, usually a limited number of days (e.g., 10-15 days) from the date you received the summons. Missing this deadline can result in the garnishment proceeding without your claim being heard.
  5. Serve Copies to Relevant Parties:

    • After filing, you must ensure that copies of your filed Claim of Exemption are properly served to the creditor's attorney (or the creditor if they don't have an attorney) and your employer.
    • Proof of service is often required.
  6. Attend a Hearing (If Necessary):

    • If the creditor disputes your claim of exemption, the court will likely schedule a hearing.
    • At the hearing, you will present your arguments and evidence (e.g., bank statements, pay stubs, proof of expenses, documentation of benefit income) to support your claim that the wages should be exempt due to hardship or legal protection.
    • The judge will then make a ruling on your claim.

Common Exemptions in Georgia

Georgia law, in conjunction with federal law, protects certain types of income from garnishment or limits the amount that can be garnished. Understanding these can help you formulate your claim of exemption.

Type of Income/Limit Description
Federal Limit The lesser of 25% of your disposable earnings, or the amount by which your disposable earnings for the week exceed 30 times the federal minimum wage.
Social Security Benefits Generally exempt from garnishment by most creditors (exceptions for federal debts, child support, and alimony).
VA Benefits Veterans' benefits are generally exempt from garnishment.
Disability Benefits Many types of disability benefits (e.g., SSDI, SSI) are exempt.
Workers' Compensation Workers' compensation benefits are typically exempt.
Unemployment Benefits Unemployment insurance benefits are generally exempt.
Child Support/Alimony Funds received for child support or alimony are usually exempt, and garnishments for these purposes have different rules and higher limits than regular debt.
Public Assistance Welfare benefits, food stamps, and other public assistance programs are exempt.

Important Considerations

  • Act Promptly: Time is of the essence when dealing with garnishments. Missing deadlines can lead to your wages being garnished without an opportunity to present your case.
  • Keep Records: Maintain copies of all documents, including the garnishment summons, your completed Claim of Exemption, proof of filing, and proof of service.
  • Seek Legal Advice: Navigating garnishment laws and filing exemptions can be complex. Consulting with a Georgia attorney specializing in debt defense or consumer law is highly recommended. They can help you understand your rights, prepare the necessary forms, and represent you in court. Many legal aid societies or pro bono programs may offer assistance if you qualify.

By properly filing a Claim of Exemption (WG-006) and providing sufficient evidence, you can assert your right to protect essential income from wage garnishment in Georgia.