The employer is allowed to garnish an employee’s wages only if the courts or a statutory institution, such as the Internal Revenue Service or the U.S. Department of Education, order it to. According to BSC Alliance, federal garnishment laws apply to the state of Georgia. Although it can be difficult to stop a wage garnishment, if the debtor lives in Georgia, he does have some options.
Appeal a Wage Garnishment in Georgia
The employee can appeal the wage garnishment if he disagrees with it. The garnishment paperwork includes instructions on how to appeal the wage garnishment in Georgia. For instance, for IRS wage garnishments/levy, file the appeal with the IRS office in Georgia listed on the levy notice.
For student loans, the U.S. Department of Education notes that a written request should be sent to the department’s hearing branch in Atlanta, Georgia. For court-ordered judgments, file an answer with the court that issued the wage garnishment. If the filer wins the appeal, the wage garnishment stops.
Depending on the circumstance, he may be refunded for monies withheld thus far. For instance, if the wage garnishment was issued in error then he will be reimbursed. But if he is simply discussing payment-arrangement options, the wage garnishment may continue.
Pay off a Wage Garnishment in Georgia
The employee can opt to pay the debt off in full. He may pay it off in a lump-sum payment or allow the wage garnishment to continue until the debt is satisfied. If he makes a lump-sum payment, the issuing institution should advise the employer to stop the garnishment. If the employee lets the garnishment run its course, the employer should stop the deduction once all monies are paid.
Hardship Due to a Wage Garnishment in Georgia
The employee may declare hardship, if applicable. He can contact the issuing institution and explain that the wage garnishment is preventing him from affording the basic necessities of life. If the information is not included in the garnishment paperwork, the issuing institution can give him instructions on how to file a hardship claim.
For instance, if the Georgia Department of Revenue issued the wage garnishment for back taxes owed to the state, contact the department and inquire about its procedures on filing a hardship claim. If the claim is approved, it can result in the wage garnishment being stopped until the debtor is in a better financial position.
Tips for Stopping a Wage Garnishment in Georgia
The employee can file for bankruptcy. Filing Chapter 7 or Chapter 13 can stop the wage garnishment, except for student loans, which can only be discharged in cases of undue hardship. Chapter 7 and Chapter 13 stay on the individual’s credit report for 10 and seven years, respectively, according to Experian. Therefore, use this method as a last resort.
Federal law restricts the employer from garnishing more than 25% of disposable income (after-tax pay).
Grace Ferguson - Grace Ferguson has been writing since 2000. She writes website content and other areas of nonfiction regularly for private clients. Grace ...
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