Legal Question in Credit and Debt Law in Georgia

I obtained a judgment against a tenant who skipped out on a lease in County A. After many months of trying to find her, I found her employed in County B and filed a wage garnishment. The employer did not answer to the garnishment within the 45 days required by state law, so I got a default judgment against the employer (a restaurant). I have requested a writ of FiFa on the employer from the court, and once I receive it can I go with the Sheriff, FiFa in hand and get cash from the cash register? Does it make a difference if the employer is a corporation? What effect would this have on the original judgment granted in County A?


Asked on 3/11/15, 7:21 am

1 Answer from Attorneys
Rachel Hunter

This does not sound right. You register the judgment in county A in county B. You do not get a judgment against the employer - the employer is not liable to you. The employer only has to garnish the employee's wages, provided that the employee makes enough to meet the thresholds for garnishment. The employee has to make more than $217.50 per week - there is a handy chart I use: http://www.dol.gov/whd/regs/compliance/whdfs30.pdf

It will depend on how the employee gets paid (weekly, bi-weekly or semi-monthly or monthly) and how much disposable pay is earned. If the employee earns below that amount the employee cannot be garnished. If the employee earns more than $290 a week in dispoosable pay (gross pay minus required deductions) then the employee can be garnished at 25% per week.

I assist debtors and do not do collection work. If you are trying to get a writ of continuing garnishment, then you really need to get an attorney. There are several here at Law Guru or others - Frederick Hanna, Zwicker & Associates, Greene & Cooper or others who can assist.

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Answered on 3/11/15, 12:53 pm


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