Legal Question in Credit and Debt Law in Georgia

25% of my check is being garnished due to child support and student loans. I am about to be garnished for a car that has been reposed. Will my check be affected?


Asked on 6/22/16, 7:33 pm

1 Answer from Attorneys

There can only be one garnishment in place at a time. The maximum amount of pay that can be garnished is 25%, although I think that can go a bit higher for child support. But if you are already being garnished for child support and a student loan, then your pay cannot be garnished for the deficiency judgment for the car at this time. However, the creditor will try to seize other assets that are owned free and clear or possibly try to levy your bank account. How much is the judgment for? Do you have other debts besides the child support and student loans? If the other debts and the judgment (not counting student loans and child support) are over $10,000 you might want to file bankruptcy. If under, since you are being garnished already, you might want to try and work out a payment arrangement (payments are anywhere from 1% - 4% of the debt - usually not less than $100 a month). If payment arrangements are not possible, then try to make yourself as judgment proof as possible. Avoid keeping lots of money in the bank if you bank locally; better yet, bank online or get a reloadable debit card. Child support lasts usually until the child is 18 or graduates from high school, whichever last occurs. Judgments can be renewed after 7-10 years for enforcement purposes . So when the child support stops you could be garnished at that time, up to the 25% maximum.

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Answered on 6/23/16, 1:15 am


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