A federal judge recently ruled that the Georgia garnishment statute is unconstitutional. The decision turned on certain notice requirements associated specifically with bank garnishments, but in response to the decision, several counties stopped processing garnishments altogether (including continuing wage garnishments).
On October 5, 2015, the judge in the above mentioned case issued an Amended Order which clarified that the declaratory judgment and injunction he previously ordered does not apply to continuing wage garnishments filed against a judgment debtor’s employer pursuant to O.C.G.A. §§ 18-4-110.
For additional information, please see the National Law Review Article and the Notice to Garnishees of Amended Order.
** Update: The Georgia Supreme Court, despite the urging of some lower court judges, has apparently refused to intervene and fix the garnishment statute. Any remedy will need to be provided by the Georgia State Legislature. See, Georgia Justices Won’t Step In . . .
Submitted by Megan Morrissette