file a motion to garnish wages, you can receive up to 25%
You can appeal or accept the judgement.
In Georgia how long does it take for a request of judgement to be granted?"
The proper procedure for the garnishment of wages is established by the laws of the state in which the debtor resides. Generally, the person/plaintiff wishing to initiate a garnishment must file the writ of judgment as a garnishment order with the clerk of the court in which the judgment was granted.
Unfortunately for the consumer Louisiana is considered to be a "creditor friendly" state. Garnishment is allowed and the federal guidelines are used. The amount of garnishment usually granted is the maximum of 25% of disposable income with the first $154.50 being exempt from attachment. The garnishment order is effective immediately upon service, the employer must withold the amount weekly and submit it monthly to the court. A garnishment order remains in effect until the entire balance, court costs, legal fees and interest is paid in full.
The person involved should petition the court where the garnishment order was granted to have the garnishment lowered due to it creating an "undue hardship." This appeal is only applicable if the garnishment is for creditor debt, it would not apply in cases of child and/or spousal support orders.
I have found that when this is granted, the other party may file objection to, request to readdress, or appeal the judgement.
I had several credit card debts two have been granted judgements. The judgements equal to the mortgage on the house. Now they threaten further legal actions
If it TRULY IS an accidental garnishment, for instance awarded to a private or commercial creditor, you may petition the court to have the award of the lien reversed. However, disability income is NOT exempt from ALL creditors. If the lien was granted due to back taxes owed to the government, child support, etc., it was probably ganted properly. Check with the court which granted it for further information or to look into it.
Perhaps, or the ganishee may reside in a state where the garnisher is required to refile for a writ of garnishment after the specified time limit has expired. Contacting the clerk of the court where the garnishment order was granted will obtain the information needed by the garnished debtor.
To obtain a wage garnishment, a creditor files suit, and receives a recovery of debt judgment granted by the court. The writ of garnishment is the name of that order. Either a paper will be filled and sent to your employer by the court, the creditors legal department, or by your local sheriffs office. The writ will tell the amount, and where the amount is to be sent. Unless a creditor has sued and won they can not garnish wages. Remember, creditors spend millions a year just on collection and court cost, anything they can do to avoid it will not only benefit them, it will benefit you. So, try to talk it out. Know your rights. Send as much or as little as you can, even $5 a month shows intention to pay. They would have to go to court and get a judgement against you in order to do that. Once they get it they can then go through the court process of wage garnishment.
When/if the judgement is granted by the court, it is filed with the Clerk of Court, and the lienor is given lawful authority to lien or attach the debtors bank accounts or such other items of personal or business property as might be permitted by the judgement.
If the defendant does not respond to the summons in the time indicated, the plaintiff usually wins the case by default. In such cases the judge awards a default judgement, the defendant may or may not be notified of the action depending upon the state's laws governing such issues. Once a judgment has been granted the winning plaintiff can enforce the judgment in numerous ways, one of those ways is a bank account levy/garnishment. A bank account garnishment can be in force for thirty days or until the amount is collected that is owed. Joint accounts are subject to garnishment to the amount that belongs to the debtor, it is the responsibility of the non-debtor to petition the court for the funds belonging to him or her. Joint marital counts are protected in a few states, however, the bank will generally "freeze" an account that it is not certain of, until the court rules on the validity of the garnishment order.