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Benefit from the Experience of Attorneys Bill and Valerie Sherman Former Assistant Attorney General, Assistant County Attorneys and Magistrate Judge

How Much Money Can They Take in a Garnishment?

Question: I got into debt in college and since then it's gotten worse. I live in Woodstock and I used to work in Cumming. In college I got some credit cards which were hard to pay because I couldn't work full time because I was going to school. When I graduated I could not find a job that paid enough so I got a couple of loans and I did a title pawn. That worked for a while but then I got pregnant and my boyfriend moved from Sandy Springs to California to try to get work as an actor. So I'm a single mother. Then I met a man and I actually took on some of his debt. I used balance transfer checks to help him. But he had anger issues so we broke up. I finally got a good job in Roswell. But I got a notice in the mail saying I was going to get garnished. I just can't afford a garnishment. Someone told me they can take 15% of my salary. Is that true? What can I do to stop the garnishment? Can you help me? Should I go bankrupt?

Answer: Actually, in the state of Georgia a garnishment can take 25% of your income. Each state can set its own limit. Some states only allow a smaller percentage to be taken via garnishment. Filing bankruptcy will stop the garnishment. You need to consult a bankruptcy attorney immediately. Once a bankruptcy is filed, you will receive a case number and then you should contact the organization that is garnishing you. They must stop the garnishment immediately. If they do not stop the garnishment, it is considered a violation of the stay and you could actually be awarded monetary damages.