Legal Question in Credit and Debt Law in Georgia
Garnishment
Im being garnished for a car that was repossed back in 1999. The garnishment is causing hardship on me. My questions is is there anything that I can file outside of bankrupcty to lower the garnishment. Also the awarded garnishment and the letter sent to my employer is about 10K difference. The garnishment was for $8900.00 and the amount sent to my employer was 18,900. I was told to file two things a claim of exemption and a Traverse. Is this correct. Im trying hard to prevent bankruptcy.
1 Answer from Attorneys
Re: Garnishment
If the amount sent to the employer differs from the amount in the summons, you can file a traverse (if you delay past the deadline you cannot). Of course they'll immediately refile with the correct number, or amend, so your relief will be fleeting.
Percentages for a garnishment are set by law. They cannot be changed. A proper garnishment can only be stopped in two ways - by payment or bankruptcy.
A note to all reading this and not just you: once a creditor files a court case, that is really the best time to examine bankruptcy (in other words, your waiting both through a judgment and then again through a garnishment filing was likely a bad decision).
With a new bankruptcy code very near passage a delay now risks tahta debt you migh be able to eliminate now might have to be paid by you even in bankruptcy.
If you are thinking bankruptcy and are in metro Atlanta go to www.glenashman.com and get a free bankruptcy worksheet completed so our office can review it and advise if bankruptcy is a good option.
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