Law & Legal & Attorney Government & administrative Law

Georgia Garnishment Laws

    Garnishment Dispute

    • A creditor must issue a garnishment summons to the debtor notifying him of the debt owed. He is permitted to dispute the legitimacy of the garnishment and the amount. He has 45 days from the date of the written notification in the form of a garnishment affidavit to challenge it. If he doesn’t supply an answer within this time frame, the creditor may seek a judgment against him for the full amount of the debt. When the garnishment is pursued by an employer to an employee, Georgia law states the employer isn’t legally able to discharge an employee, because a creditor is garnishing his wages.

    Garnishment Statute of Limitations

    • Georgia law imposes a statute of limitations for how far a creditor can go back to collect debt owed. For credit cards the statute of limitations is four years for open accounts. It's six years for written contracts. The statute of limitations is five years for foreign judgments (lawsuits with foreign entities) and seven years for domestic judgments (lawsuits with entities operating in the U.S.).

    Maximum Interest Rate

    • Georgia sets a maximum interest rate for creditors to impose as a fee for overdue debt. The rate stands at 7 percent for legal debt incurred, 12 percent for debt from a past due judgment and 18 percent on commercial accounts. The percentage is applied to the total amount of debt.

    Bad Check Damages

    • Georgia permits creditors to charge double the damages as much as $500, in addition to a service charge of $20 or 5 percent, whichever is greater, for borrowers who provide a bad check to pay off a portion or all of their unpaid debt.

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