Webinar Recap - Don't Garnish Your Reputation: The Do's and Don'ts of Wage Garnishment
Webinar Recap – Don’t Garnish Your Reputation: The Do’s and Don’ts of Wage Garnishment.
You just received a garnishment court order for one of your employees, now what? Georgia is among the top four states with most personal bankruptcy filings – and wage garnishment is often the leading cause. As an employer, it is crucial to understand the judicial process behind garnishment, exemptions, and to properly calculate the garnishment amount. Look no further than this webinar from our partners at Bennett Thrasher, presented by DiAndria “Dee” Green, Esq. and Will Baker, Esq. from the State & Local Tax Division.
Key Terms
Garnishment: A court-ordered process against the wages, money, or property of the defendant which are held by a third party (the Garnishee)
Judgement Defendant/Debtor: The person or entity that owes money
Garnishee: The person or entity that must give the Judgement Defendant-Debtor money to the creditor through the court.
Plaintiff: The Judgement creditor who is seeking to collect a judgement
Default: Failure to perform a legal duty; in a garnishment, default occurs when the Garnishee fails to answer the Garnishment summons/affidavit in a timely manner (typically 45 days).
Why Did I Receive a Garnishment Order?
- Payment of Back Taxes
- Child Support
- Spousal Support
- Vehicle Registrations
- Court Ordered Debt
Certain types of property are exempt from Garnishment under State Law. Find the comprehensive list here.
A Step-by Step Look
- Plaintiff receives Judgement against Defendant-Debtor (employee).
- Defendant-Debtor (employee) can’t pay the Judgment.
- Plaintiff files a Garnishment against the Garnishee as Employer of the Defendant-Debtor.
- Summons of Garnishment is served on Garnishee (Employer).
- Garnishee files answers until Garnishment is satisfied or expires.
Important Reminder: Failure to comply with the instructions in the summons and file an answer will lead to a “Default Judgement” entered by the court against you, not your employee. Now you are responsible for the money originally owed.
It Pays to Stay REDI
Read the Summons
Employee Earnings vs.
Disposable Earnings
Identify Garnishment Amount and File an Answer
Do the Math. To calculate Disposable Earnings, use this formula:
Disposable Earnings = Earnings – Legally Required Deductions or Exemptions
To calculate the garnishment amount and more, watch the full recording here.
This information is provided for educational purposes only. Please consult your trusted legal and financial representation for advice. Any questions regarding wage garnishment can be directed to:
DiAndria ‘Dee” Green, Esq. or Will Baker, Esq.
(770) 396 – 2200
3300 Riverwood Pkwy #700
Atlanta, GA 30339