Thanks for visiting my site. If you are reading this site, most likely someone has garnished your wages, bank account or both.
Georgia garnishments are the result of a judgment being taken against an individual and or business. In other words, before, someone can garnish your wages and or bank account, they must first have a judgment (some exceptions with student loans and taxes). Therefore, if you receive notice of a garnishment and you dispute the garnishment, the first thing to do is determine whether or not the underlying judgment is valid. Never assume anything. In many cases the judgment was proper but there are also many cases where the judgment was not proper. If the judgment was not proper then you can contest the garnishment but you will have to file a motion to vacate and set aside the judgment in addition to filing a motion (Traverse) against the garnishment. Many people skip the first part and only file a Traverse. In most cases this will get you no where. Also, if you believe that the judgment was not proper then you can try to contact the person who obtained the judgment against you and explain why you believe the judgment is no good. Obvioulsy, you have to have legal grounds to show why the judgment is no good and usually this will require some type of proof. For example, if you believe that service of the lawsuit was at an address that you did not live at then you need to show proof that you were not living at that address at the time of service. Many people contest a garnishment and go about it the wrong way. You cannot just walk into court and state "I do not owe this money". You have to present a valid legal argument why you do not owe the debt. Remember, when contesting a garnishment you must file both a motion to vacate the judgment and a Traverse. Also, remember, if you were properly served with the lawsuit and the judgment was properly entered, then you cannot try to undo everything which has already been done. The time to present your defenses and legal argument was when you were served with the lawsuit and not after a judgment has been taken against you.
Filing for Banruptcy protection is one way to stop the garnishment. Bankruptcy is Federal law which trumps the state law garnishment action.
There is no replacement for legal representation. Do not let a legal situation get out of hand. For instance, do not wait until a garnishment hits your paycheck and or your bank account.
Contact me for a free office consultation (Do not bring any money to the first visit). The first visit is to gather all the facts and see if I can help you.
SCHUYLER ELLIOTT & ASSOCIATES, INC.
ATTORNEYS AT LAW
THE MECCA BUILDING
2024 BEAVER RUIN ROAD
NORCROSS, GEORGIA 30071
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