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I have had a landlord file a garnishment against me. They started taking money out of my check and I was never served a notice
Anonymous8 views3 answers
I went in to file a traverse garnishment and was told I couldn't because I had not waited the proper amount of time. Georgia law states that she only has 3 days after serving my employer to serve me or the garnishment is no good. Its been 5 days and they won't let me file it, what can I do?
The clerk can't stop you from filing anything, they also won't help you though. Go back and for asap and if the clerk won't let you, go over their head
David Jason Merbaum
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Construction / Development Lawyer in Alpharetta, GA
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on Sep 16, 2015
You may want to see an attorney. A recent case said that the Georgia garnishment law is unconstitutional so its possible to get the whole thing thrown out
This is not intended to create an attorney client relationship and none is to be implied either. You must contact an attorney and present all facts before you can and should act on this response
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Kris K. Skaar
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on Sep 16, 2015
See an attorney. Last week, a judge in Atlanta held that Georgia's garnishment statutes were unconstituational.
Also, the behavior you are describing (i.e., a clerk not letting you file a traverse) is very odd. While you are best served by getting an attorney, if you must proceed without an attorney, you may want to speak with a supervisor in the clerk's office about not being allowed to file your traverse.
The information ("the answer") provided above is for general information and educational purposes only. The answer should not be taken as legal advice for any individual case or situation. Posting the question and reviewing the answer does not constitute an attorney-client relationship. My firm will ask you to sign a written contract prior to the commencement of any attorney-client relationship. Please call 770 427 5600 or 404 373 1970, if you wish to discuss your situation further.
Skaar & Feagle, LLP accepts select consumer rights cases. These cases include, but are not limited to, cases of abusive and unlawful collection activity, unsolicited robocalls or text messages, unfair business practices to consumers and the elderly, credit reporting of false or obsolete (old) information, credit report errors due to either identity theft or mixed files, denial of jobs or promotions due to erroneous criminal background searches and the defense of lawsuits involving consumer debts such as credit cards, auto loans, or consumer loans.
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