Marietta, GA asked in Probate for Georgia

Q: What action can I take to stop a wage garnishment just received by my employer yesterday from my old Home owners assoc?

Related Topics:
1 Lawyer Answer
  • Estate Planning Lawyer
  • Cary, NC
  • Licenced in Georgia

A: If your wages are being garnished that means that the HOA got a judgment against you. Assuming that the judgment was properly entered, there is no way to stop it aside from bankruptcy. If the judgment was invalid, you have to challenge it. If you succeed, then you can stop the garnishment. If there are grounds to challenge it, you can file what is called a traverse, but you are limited as to what can be raised in a traverse. See below statutes:

OCGA § 18-4-93. Right of defendant to become a party to garnishment proceedings; procedure

A garnishment proceeding is an action between the plaintiff and the garnishee; but, at any time before a judgment is entered on the garnishee's answer or before money or other property subject to garnishment is distributed, the defendant...

Justia Legal Answers is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Legal Answers is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Legal Answers without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.