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I RECEIVED A SUMMONS OF CONTINUING GARNISHMENT AT WORK WHAT CAN I DO ARE HOW LONG DO I HAVE BEFORE THEY START GARNISHING MY WAGE

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ITS HAS THE JUDGMENT AMOUNT BUT NO DATE WHEN THEY WILL START TAKING OUT IM BARELY ABLE TO PAY MY BILLS NOW.

Attorney Answers

4
Michael Corbin ·
Since you've received it, I'm betting that your employer has received it as well, so it will start immediately (once your employer processes it). Talk to your payroll office and see when they will be processing it. If the judgment was proper, there isn't anything you can do about the garnishment - it is calculated by statute, and your employer cannot withhold the garnishment.
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Hale Antico ·
I'm sorry to learn about this stressful situation. In my state, the garnishment typically begins in the next 3 weeks. You should read the instructions, which often will tell you when it starts, and then talk to your employer, who probably got a copy of the same notice. Other options you have include: 1) possibly seeking a reduction of the garnished amount (a "claim of exemption" in Calif). This may also be on the forms you received, and involve you visiting the trial court judge who ruled against you 2) settling the judgment, though I think you'll find these companies are not very cooperative at this stage 3) file bankruptcy, which will likely discharge the underlying debt, and cease all collection activity, up to and including the judgment. You probably want to meet with a bankruptcy attorney ASAP, as time is literally money. Good luck to you.
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Glen Ashman ·
The garnishment starts the moment your employer gets it. A garnishment in Georgia means you previously lost a lawsuit. Treat it as a legal emergency. In most cases there is one way to stop it - bankruptcy. My office would be glad to discuss that (and any possible options) with you. Call me ASAP at 404-768-3509. In some cases a quick bankruptcy filing may recover monies taken by your employer.
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David Lockhart ·
Your employer is required to begin withholding a portion of your wages from the very moment it is served with the garnishment summons. They are then required to file periodic answers every 30 to 45 days showing the court what amounts you have earned for that period and what has been withheld. The employer sends the withheld funds to the court along with each answer, so if it was served less than 30 days ago, your employer should still have possession of your withheld wages.
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