11.17.15 |
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Court Ruling is Revised: Wage Garnishments Allowed Once Again in Gwinnett County, GA

Gwinnett CountyIn September, a federal judge issued an injunction order that appeared to stop all new garnishments in Gwinnett County, GA, ruling “the state law that governs the process is unconstitutional.”1 It all started with a lawsuit filed by Tony Strickland, who said his bank account holding solely his worker’s compensation benefits was unlawfully garnished when he was in the middle of a health crisis. You can read more about that case here.

As the Atlanta Journal-Constitution reported, Judge Shoob found that Georgia’s garnishment law does not require that debtors be informed what types of property (including personal property) are exempt from garnishment, how to claim an exemption, and how they can challenge a garnishment against property they believe is exempt.  The publication reported as well that Judge Shoob further found that the Georgia law does not outline a process for determining which funds should be exempt from garnishments.2

In October, Judge Shoob amended his ruling to allow continuing wage garnishments to move forward in Gwinnett County. Garnishments from bank accounts, however, remain halted until the state amends the law so people are notified which funds are exempt from garnishments and how they can get their money back if it’s wrongly seized.3

This issue continues to evolve in Georgia and elsewhere, so it’s important for employers and business owners to keep monitoring the situation and adjust their garnishment process as applicable.

 

Learn More About ADP SmartCompliance® Wage Garnishments
 


1Georgia’s garnishment law unconstitutional – http://www.myajc.com/news/news/local-govt-politics/georgias-garnishment-law-unconstitutional/nnbrF/?icmp=AJC_internallink_09105_AJCtoMyAJC_garnishment

2,3Revised court ruling allows wage garnishments in Gwinnett – http://www.myajc.com/news/news/local-govt-politics/revised-court-ruling-allows-wage-garnishments-in-g/nnwL2/?icmp=AJC_internallink_100515_AJCtoMyAJC_garnishment



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