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Can you stop a garnishment using the statute of limitations if the debt collector has won a judgment in small claims court in Georgia?
Wiki User
∙ 12y ago
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
Wiki User
∙ 12y ago
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Can a lender garnish your wages after a voluntary repossession in Georgia?
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.
Someone owes for 12 month lease how can you garnish their wages in Georgia?
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.
If the creditor resides in Alabama and the debtor resides in Georgia where should wage garnishment paperwork be filed?
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.
Can you be present at a garnishment trial?
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.
Can a bank garnish wages of a co-signer in Georgia if the primary signer has claimed bankruptcy?
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.
Do you file a child support garnishment in the state where the father works-Florida or the state where he lives -Georgia?
Georgia has jurisdiction.
What is the statute of limitations for trespassing in Georgia?
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.
Is the collector's addition a legitimate company?
the collector's addition is supposedly a company in buford, georgia
What is the maximum percentage allowed for wage garnishment in 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 is the statute of limitations in the state of Georgia on criminal cases?
what are there stautue of limitations on a bench warrent
Is there a statute of limitations on traffic tickets in Georgia?
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.
What are the DUI limitations of 1986 in GA?
Georgia statute of limitations on a misdemeanor DUI is two years.
