A writ of garnishment can only be vacated by bankrupcty the SOL does not apply.
FYI, If a garnishment is due to child support issues it is not dischargeable in bankruptcy
Yes, if the lender wins a lawsuit judgment they can execute the judgment as a wage garnishment. Georgia follows federal garnishment guidelines of a maximum of 25% of disposable income with the first $154.50 (weekly based) being exempt from garnishment action. A valid garnishment is generally imposed until the debt is paid.
Georgia law requires a signed court judgment in order to garnish wages in the state. The signed judgment must be filed with the appropriate garnishment paperwork at the local clerk's office.
The creditor will need to sue the debtor in his or her state court to obtain a writ of judgment that can then be executed as a wage garnishment against the debtor in the debtor's state, (in this case, Georgia). Even in cases where the lender chooses and wins arbitration, a civil judgment must be obtained from the state court in the county where the debtor resides and must be executed in the manner allowed under the laws of the debtor/s state.
There is no trial pertaining to garnishment. The trial (lawsuit hearing) is where the plaintiff can be awarded a judgment for debt owed. The judgment creditor/plaintiff may then execute the judgment as a wage garnishment in accordance with the laws of the state in which the debtor resides. The debtor should appear at the lawsuit hearing to defend his or her case. As a nonappearance will result in the plaintiff winning the case and a default judgment being entered against the defendant. ANSWER In the soverign, an operative word in statutory law and the United States of America's latest constitution, and applicable to the State of Georgia, State of Georgia, "wage" garnishment requires notice and opportunity for response and a hearing. That sure looks like a 'trial' is required to me. I flatly disagree with Answer I, paragraph I. NO major problems with Paragraphs II and III. However, there are 50 states not to mention the territories. Rules, laws and legislation always diffier. It's all one big experiement, to paraphrase a very wise US Supreme Court Justice.
Yes, The bankruptcy of the borrower does not protect the co-signer. The bank howevermust obtain a judgment against the co-signer prior to garnishment.
Georgia has jurisdiction.
In Georgia they consider breaking and entering as burglary. Burglary is considered a felony in Georgia and it carries a 4 year state of limitations. But when someone is charged the statue of limitations no longer applies.
the collector's addition is supposedly a company in buford, georgia
In Georgia, the maximum percentage allowed for wage garnishment is 25% of disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum wage, whichever is less.
what are there stautue of limitations on a bench warrent
In Georgia there will not be a statute of limitations once a ticket has been issued. You have already been given proper notice of the violation.
Georgia statute of limitations on a misdemeanor DUI is two years.