Legal Question in Civil Litigation in Georgia

My family lives in Georgia. Our household consists of me, my husband and two children, a fifteen-year-old daughter and a seventeen-year-old son. My husband's wages are now being garnished at 25% monthly for a long time. It is not for IRS or child support or anything like that. We won't be able to support our family with such a huge chunk taken out monthly. Is there anything we can do to decrease the amount or to have it deferred? I have copies of all of our bills, etc. that we plan to somehow present to the court to prove extreme financial hardship. The court clerk said that we need to file a traverse but, when I look at the form, it only seems to be allowable if the facts supporting the garnishment are untrue or legally insufficient. We don't want to dispute the garnishment, only have it either reduced or maybe deferred. Should we file something different (some type of hardship form)? My main concern is how we will be able to support our children.


Asked on 6/07/11, 8:04 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

First of all, there is NO hardship form. The percentages set by law cannot be changed.

To have a garnishment, he already had to lose and then ignore a lawsuit against him. There are only two ways to stop a garnishment. One is to pay the judgment in full. The other is to file bankruptcy.

Tell your husband to take a day off and see a lawyer immediately. My office handles cases from your area. If we can help, have him call me at 404-768-3509.

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Answered on 6/07/11, 8:41 pm


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