Facts and News:
- Georgia ranks 8th among the top states where consumer debt increases, resulting in higher wage garnishments.
- The U.S. Department of Education is resuming the collection of student loans, which was paused during COVID.
- Georgia had the fastest-growing credit card debt from Q1 2024 to Q1 2025
Wage garnishment can disrupt more than just your paycheck.
When a chunk of your income is withheld, covering basic monthly expenses becomes a struggle. Unpaid bills start to pile up. Stress builds. In many cases, this leads to even more debt, and in turn, more garnishment. If multiple creditors file, your take-home pay can shrink to a bare minimum.
The financial strain doesn’t stay confined to your wallet. It affects your mental well-being, your focus at work, and even how your employer sees you.
But there’s a legal way to stop this cycle.
You can reduce or even stop wage garnishment and take back control of your finances.
This guide will walk you through how to stop wage garnishment in Georgia, helping you understand your rights and the legal tools available to protect your income.
What is Wage Garnishment, and How Does It Work in Georgia?
Wage garnishment in Georgia is a legal process where a court orders an employer to withhold a portion of an employee’s wages to pay off a debt owed to a creditor. Various unpaid debts, like medical bills, personal loans, credit card balances, student loan defaults, or child support obligations, can initiate the garnishment process.
However, these garnishments cannot seize all the pay. Federal and state laws impose different limitations to decide how much wage can be deducted. Georgia’s wage garnishment law imposed 25% to 15% of disposable earnings, depending on the type of debt.
How Does Wage Garnishment Work?
To challenge wage garnishment effectively, you first need to understand how it works. This section breaks down the legal steps behind it, so you know what’s already in motion and where you still have room to act.
- Court Judgment Required: For debts like credit cards or medical bills, creditors must first sue and win a judgment before garnishing wages. Exceptions include debts such as unpaid taxes, federal student loans, child support, and alimony, which do not require a judgment.
- Employer Withholding: After the court sends the garnishment order, the employer must withhold the specified amount from the employee’s disposable earnings and remit it to the creditor.
- Disposable Earnings: This is the amount left after mandatory deductions such as federal, state, and local taxes, social security, and unemployment insurance contributions. Non-mandatory deductions do not reduce disposable earnings for garnishment calculations.
- Limits on Garnishment Amount: By law, in Georgia and across the U.S., a creditor can’t take more than 25% of your take-home pay. And if you make less than 30 times the federal minimum wage ($7.25/hour currently) in a week (about $217.50), they can’t take anything at all.
Example → You earn $600/week after taxes
The smaller amount is $150, so $150 can be garnished |
- Special Rules for Child Support and Taxes: Child support garnishments can be up to 60% of disposable earnings if no other dependents rely on you. The IRS and state tax authorities can garnish wages without court approval and may have higher limits.
Types of Wage Garnishments in Georgia
Creditors can pursue different types of garnishment actions depending on the kind of debt you owe. There are four types of garnishment in Georgia, among which two are directly related to wage garnishment.
Continuing Garnishment
This is the main form of wage garnishment in Georgia, which is filed against the employer. It targets the paycheck directly and lasts up to 1,095 days (3 years). Credit card debts, medical bills, or personal loans are common reasons to proceed with. The court allows a creditor to take a portion of your paycheck over time until the debt is paid off, or the court says otherwise. This can stay in effect for up to 1,095 days (about 3 years).
Summons of Garnishment
This is usually aimed at your bank accounts or any money held by a financial institution. If a creditor wins a court judgment against you, they can use this to freeze and collect funds from your bank, often without prior warning.
Continuing Garnishment for Support (Child Support or Alimony)
This one is specific to child support arrears or alimony debts. It lets the creditor (often the custodial parent) collect missed payments directly from your wages. It continues as long as the debt exists and you’re employed by the same company.
Tax Garnishments (Georgia Department of Revenue)
If you owe unpaid state income taxes, the Georgia Department of Revenue can issue a wage or bank garnishment. These are handled differently from private debts and are not publicly available like other garnishments.
Top Legal Options for Stopping Wage Garnishment in Georgia
Wage garnishment can impact your financial stability. Taking timely action to stop wage garnishment in Georgia can help you avoid losing money from your paycheck. Below are the top legal options:
Filing for Bankruptcy to Stop Garnishment
Filing for bankruptcy is one of the practical answers to how to stop wage garnishment in Georgia. Under Chapters 7 and 13, you can immediately stop collection actions.
| Key exceptions: The automatic stay doesn’t stop garnishments for child support or alimony. These will continue even during and after bankruptcy. |
Chapter 7 Bankruptcy
Chapter 7 wipes out unsecured debts like credit card balances, personal loans, and medical bills. You may have to give up the nonexempt property, which is not protected under Georgia exemption laws, to repay creditors.
To file for Chapter 7 bankruptcy, you will need to pass the means test, which compares your income to Georgia’s median income. This median income is determined by the U.S. Census Bureau and updated twice a year (April 1st and November 1st). It is important that if your annual income is below the Georgia median income, you automatically qualify for Chapter 7 bankruptcy.
In a reverse scenario, if your income is above the median income, you do not disqualify immediately. You proceed to the second part of the means test, which involves calculating your income after deducting the specific allowed expenses. Given the complexities, especially if your income is close to or above the median, Focus CPA offers trusted business advisory services to help you stop wage garnishment in Georgia.
Georgia’s Median Income for Bankruptcy
| Family Size | Median Income Numbers |
| 1 | $60,613 |
| 2 | $78,980 |
| 3 | $95,740 |
| 4 | $111,334 |
Also, know ⇾ Add $9,900 to the family size of 4 for every additional child/family member.
How to File?
To file Chapter 7, key bankruptcy forms include:
- Form 101 (Voluntary Petition)
- Schedules A–J (your assets, income, expenses, and debts)
- Form 107 (Statement of Financial Affairs)
- Form 121 (Statement of monthly current income and Means Test Calculations)
- Form 201 (Notice to Creditors: Meeting of Creditors)
- Form 309A (Notice of Chapter 7 Bankruptcy Case for Individuals, Their Creditors, and Other Parties in Interest)
- Creditor Matrix (Name and address of creditors)
Once your creditor and employer receive the bankruptcy notification, your garnishment will stop immediately without any risk of the creditor appealing again.
However, debts like taxes, student loans, child support, or debt arising from fraud are non-dischargeable debts in Chapter 7 bankruptcy. After completing all the legal procedures to stop wage garnishment in Georgia, you can get temporary relief on these non-dischargeable debts, but no permanent release.
Chapter 13 Bankruptcy
Unlike Chapter 7, your debts are not waived off; rather, you get 3-5 years to repay your debt. Also called a “wage earner’s plan,” filing for Chapter 13 bankruptcy immediately stops the wage garnishment, which applies to non-dischargeable debts as well.
A court-appointed bankruptcy trustee then structures and monitors the repayment plan between you and the creditor. The debt is divided into manageable monthly payments.
Eligibility for Chapter 13 depends on the calculation of your current monthly income (CMI) and allowable expenses (potentially limited by IRS standards if your CMI is above the Georgia median).
Debt limits are also important when availing of a repayment plan. If your total secured or unsecured debts exceed these amounts on the filing date, you are generally ineligible for Chapter 13.
Debt Limits (as of April 1, 2025):
- Secured Debt Limit: $1,580,125
- Unsecured Debt Limit: $526,700
How to File?
To file for Chapter 13 bankruptcy, you will need the following forms and documents:
- Form 101 (Voluntary Petition)
- Schedules A–J (your assets, income, expenses, and debts)
- Form 107 (Statement of Financial Affairs)
- Proof of income
- Copies of the most recent tax return
- Forms 122C-1 and 122C-2 (Statement of current income and calculation of disposable income).
Chapter 13 is particularly helpful for non-dischargeable debts like certain tax arrears or past-due domestic support obligations. You can pay them through manageable monthly payments rather than immediate wage deductions.
Negotiating with Creditors
Negotiating is another viable option if you want to know how to stop wage garnishment in Georgia, particularly outside the legal procedures. Reaching out to the creditor and explaining the financial conditions can help in settling on a payment plan.
The negotiation works for both parties. The creditors may save the money and time spent on legal challenges. Meanwhile, you can structure a plan without any wage garnishment.
However, it is important to act early before the creditor files the case or the court issues a judgment. Transparency and honesty in communication are important to build trust.
It is important and highly advised to involve documentation and potentially a legal professional in the negotiation process, especially when the goal is to stop wage garnishment. Document all the terms and conditions clearly to avoid any future trouble.
Challenging the Garnishment in Court
If you believe the garnishment is improper, for example, if the debt has already been paid, the amount is incorrect, or the creditor did not follow legal procedures, you have the right to challenge the garnishment in court.
In Georgia, you can file an objection or a “traverse” to dispute the validity of the garnishment or the underlying judgment. While a traverse is rarely successful, it is a legal avenue available to you.
How a Wage Garnishment Attorney in Georgia Can Help You?
An experienced attorney can take steps that could reduce, pause, or stop the garnishment completely.
Regardless of the type of garnishment (credit card, personal loan, or other), experienced teams like Focus CPA can help you take the right step.
When to Hire a Wage Garnishment Attorney?
Here’s when the wage garnishment attorney in Georgia can help you:
- If you never received the notice of garnishment, and the deduction started.
- If the garnishment was issued without proper legal notice.
- If you believe that the amount being garnished is incorrect or illegal.
- To analyze whether you qualify for exemptions like social security or retirement income.
- To help you choose the right bankruptcy option or go for negotiation.
The wage garnishment attorney in Georgia not only helps you make the right decisions but also represents you in court proceedings and the preparation of legal documentation. The attorney can review the judgment as well.
If you would like to negotiate, a wage garnishment attorney in Georgia can help you finalize the deal, considering all your rights. The documentation of the deal is equally important in negotiation; consulting an attorney can help you formulate a smooth payment plan.
The sooner you consult an attorney, the more options you have. Focus CPA offers free consultations to help you understand where you stand and what steps to take.
Schedule a free consultation with a wage garnishment attorney in Georgia to protect your income and explore your legal options today.
Understanding Georgia’s Garnishment Exemptions and Protections
Georgia law provides different legal options to protect certain money and property from garnishment.
Income Exemption:
Some incomes are protected under Georgia law from garnishment. If your income falls under any of these categories, you can claim, and the court can stop or reduce the garnishment.
Some of those incomes are
- Social Security disability and retirement benefits (unless you owe child support, federal student loans, or a federal tax debt)
- SSI benefits
- Unemployment Compensation (unless you owe child support)
- VA benefits (with some exceptions for the money you owe the government or for support) and Student Loans
- Child Support you receive
- TANF benefits (state welfare)
| Read Garnishment Exemption Georgia to research and avail yourself of the maximum exemptions that will help you understand how to stop wage garnishment in Georgia. |
Disposable Earnings Limits:
Disposable income means the money left in your paycheck after deducting the federal and state taxes, social security, and other deductions.
Georgia follows federal wage garnishment limits, which means your creditor cannot take more than:
- 25% of your disposable earnings, or
- Any amount above 30 times the federal minimum wage (which is $7.25/hour or $217.50 per week).
Whichever of the two is less will be applied.
So, if your weekly disposable earnings are under $217.50 per week, your wages cannot be garnished at all.
How Long Does it Take to Stop Wage Garnishment in Georgia?
The answer depends on the method used. Each method follows different legal procedures, which may take time accordingly.
- Immediate Stop with Bankruptcy: If you file for bankruptcy under Chapter 7 or 13, the wage garnishment will immediately stop. Creditors are legally barred from garnishment efforts. The employer will receive the notification within 2 or 3 business days.
Negotiation Agreements Take Longer: If you are negotiating directly with the creditor, the whole process may take longer. After settling down on the mutual payment plan, the creditor must issue the release of garnishment to the court, which is then forwarded to your employer.
- Challenging in Court: If you are challenging the legal credentials of garnishment, this may take 2 to 6 weeks, depending on the complexity of the issue and the availability of the court.
Creditor and Court Response Time: Overall, if you pick any option from the legal ways of “How to Stop Wage Garnishment in Georgia,” here is a quick breakdown of the time it may take:
- Creditor response: Typically 7–14 days if responding to a negotiation or exemption claim.
- Court response: It depends on the county and court backlog, but most cases are heard within 2–4 weeks of filing.
Stop Wage Garnishment and Regain Control of Your Finances
The wage garnishment can impact your financial status badly. The delay can not only cost you more money from your hard-earned paychecks, but it can also damage your credit score, limit future borrowing options, and create long-term financial stress. The sooner you act, the better your chances of protecting your income and getting back on stable ground.
The complexity of filing for bankruptcy, the chance of winning a good negotiation deal, or matching the criteria to avail of the exemption feels too much for many people. However, our expert team of Georgia wage garnishment attorneys can help you explore all your legal options and take early action to stop or reduce the garnishment.
Remember, the delay means more money is gone; book a call today.
Wage garnishment is a legal process in which a portion of your money is withheld by the employer and sent directly to the creditor. This only happens when the court issues the order. To understand the legal procedures better, contact Focus CPA’s wage garnishment attorney in Georgia.
Yes, in many cases, you can stop wage garnishment without declaring bankruptcy. Options include negotiating directly with your creditor to settle or restructure the debt, or filing a motion in court if the garnishment violates exemptions or due process. Some people also qualify for hardship exemptions, which can reduce or eliminate the garnishment.
In Georgia, wage garnishment can last up to 6 months until your employer receives the court order. After that period, creditors may refile the garnishment to continue collecting on the debt, creating a cycle that can last until the full amount is paid off or a legal stop is issued.
Georgia has several state-specific exemptions, such as veterans’ benefits, social security benefits, child support, and retirement pensions. All these are protected from the garnishment. Along with this, Georgia also follows the federal limit on how much pay can be deducted.
Under Georgia and federal law, creditors can garnish the lesser of
- 25% of your disposable earnings (what’s left after legally required deductions) or
- The amount by which your disposable income exceeds 30 times the federal minimum wage per week.
For example, if you earn $500 per week after deductions and the minimum wage is $7.25/hour, your wages may be garnished up to $125 per week. However, for child support, tax debt, or student loans, different and often higher limits may apply.
