Legal Question in Credit and Debt Law in Georgia

I have a credit card judgement against me for Florida from 2002 that a law firm in Florida is now pursuing, the problem is that I lived in FL at the time this started and filed my claim of exemption as I raise my son on my own and take home 1080.00 every two weeks, I lived in FL when I did this but I moved to Ga 3 months ago and this is still pending. Will I be eligible under FL law or do I get it moved to GA and ultimately how do I get out of the garnishment as I can't afford to pay it.


Asked on 8/31/12, 8:01 pm

3 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

It would be easy for the creditor to domesticate the judgment in Georgia and garnishee you here. There are no exemptions here. Your one way to stop a garnishment here may be bankruptcy and you should contact a bankruptcy lawyer such as myself to review your options. My number is 404-768-3509.

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Answered on 8/31/12, 9:04 pm

I agree. The creditor can do nothing to you in Georgia on a Florida judgment if you have no assets in Florida. They may be able to enforce a garnishment order - depends on your employer. The creditor may have to transfer the Florida judgment to Georgia in order to do that though. Georgia allows a creditor to garnish up to 25% maximum in disposable pay. This is the maximum - it may be less depending on what you earn.

I would disagree slightly with Attorney Ashman regarding exemptions. Georgia provides constitutional exemptions of $5000 in personal property and $21,500 in real property. The exemptions are claimed by filing a petition in the court.

Most debtors file bankruptcy and you should speak to a bankruptcy attorney in Georgia. You may not be able to file for a few more months, but speaking to an attorney now will not hurt so you can start preparing if that is what you decide to do. I don't know how much the judgment is for, but unless you have $10,000 or more in debt, it may not make too much sense to file. While different attorneys charge different things, with the attorney fees and other fees added in, it may cost $2000 to hire a bankruptcy attorney ($2000 - $2500 seems to be the going rate here in NC - the rate may be different where you are at).

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Answered on 8/31/12, 9:31 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Just to clarify one thing that Ms. Hunter pointed out as to exemptions, my reference to exemptions concerned wages.

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Answered on 9/03/12, 7:47 am


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