Winder, GA asked in Bankruptcy for Georgia

Q: A garnishment was filed against me 12/12. Is this now dead? Do I need be concerned?

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2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: It is not dead until it’s paid off, so until it’s paid off and there’s an order of satisfaction, it’s something to worry about.

Jeffrey William Narmore
Jeffrey William Narmore
Answered
  • Bankruptcy Lawyer
  • Pooler, GA
  • Licensed in Georgia

A: Good morning. Your question does not specify whether the garnishment was filed against your employer, a bank account, or something else. I would be curious whether any funds have been paid on that garnishment to date, and to understand why or why not.

What follows is general advice: No, I do not think you are safe to assume that the garnishment is dead. As a general proposition in Georgia, a garnishment continues for, let's say "at least" 180 days. If the garnishment was filed December 12, that is currently fewer than 180 days. There may be arguments for the garnishment continuing after that, and a creditor can easily renew the garnishment.

If you believe you have wages or funds that could be vulnerable because of this garnishment, it would be in your best interest to consult an attorney who can address your specific situation.

Wishing you the best of luck in resolving this issue.

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