Garnishment = confusing, help me clarify!!

[ELS212]

Jacko, how do you know this?? I can't find anything about it. From what I have read, basically in GA (for my purposes anyway) the limit is 25% that they can take, which is the lesser amount for me (around $90). I am not single though - we are married, but I am the head of household/sole income earner at the moment.

[jacko]

You're garnishment proof. If you are single and head of household, your first $1004 monthly net income(minus state/federal, SS and Medicare taxes) is exempt from garnishment. Since your total household size is 4, your net exemption increases to $2000 or so. I would check the IRS table for actual amount.

I would keep the checking account open for appearance sake, but drain to $40 if you can and open up a Wal-Mart Money Card which allows free direct deposit. You need to protect your cash.

I don't get it - I read through a couple stickies and in one place it looks like they can just up and take your money after they get a judgment (for me, a summary judgment on a Cap1 credit card which was granted 10/7/10) and then I read something else that says they have to have a garnishment hearing first and file motions to garnish and all that. Which is it??

Can someone help me out here? My brain is completely fried.

I live in Georgia. I take home about $700 every two weeks. (Family of 4) We rent our house and own 2 crappy vehicles with no payments. (I really have nothing worth anything, you could take everything in my house for $1500 and still feel like you got suckered.) I make about twice minimum wage and work around 30 hours a week, sometimes a bit less. I have about $450 in my checking account which will be mostly gone by the end of next Friday when I get my next paycheck. Should I be worried about the money being gone suddenly?

I don't exactly understand the concept of "judgment proof" as it relates to someone who is working but only making enough to pay for the bare minimums like we do. My budget is tight as a guitar string but we're getting by while I'm in school, with brighter days to come.

[WhatMoney]

I think you are reading about wage garnishments with all the notices, etc. Usually there is no warning or notice if they are going to levy your bank account. You find out when your checks bounce or debit card doesn't work. The bank sends you a notice your account is frozen about 5 days later. There is only one judgment. Bank account garnishments can be done any time by the judgment holder, and they would never give you a warning or you would withdrawal all your money before the levy.

[ELS212]

free2breathe: THANK YOU for that link. From what I'm understanding it looks like they have to serve me a summons of garnishment and state how much they intend to garnish in total before they can actually do it, and also wait for my answer (30 to 45 days).

This is basically what I'm understanding:
1) Judgment A= decision on the case deciding if I owe the money
2) After Judgment A they have to file a summons of garnishment before they get the money
3) After I get the garnishment summons and answer it (at least 30 days), Judgment B is made to allow the garnishment
4) After Judgment B they can actually garnish wages and levy bank accounts

Hopefully that's correct. I read through the GA code and wages are not allowed to be garnished before a judgment is made so I have a little time.

[free2breathe]

Here is a link to some information about Georgia garnishments. http://law.onecle.com/georgia/18/18-4-20.html
Looks like this info was last modified in 2006, but I didn't see anything dated any later.

[ELS212]

I don't get it - I read through a couple stickies and in one place it looks like they can just up and take your money after they get a judgment (for me, a summary judgment on a Cap1 credit card which was granted 10/7/10) and then I read something else that says they have to have a garnishment hearing first and file motions to garnish and all that. Which is it??

Can someone help me out here? My brain is completely fried.

I live in Georgia. I take home about $700 every two weeks. (Family of 4) We rent our house and own 2 crappy vehicles with no payments. (I really have nothing worth anything, you could take everything in my house for $1500 and still feel like you got suckered.) I make about twice minimum wage and work around 30 hours a week, sometimes a bit less. I have about $450 in my checking account which will be mostly gone by the end of next Friday when I get my next paycheck. Should I be worried about the money being gone suddenly?

I don't exactly understand the concept of "judgment proof" as it relates to someone who is working but only making enough to pay for the bare minimums like we do. My budget is tight as a guitar string but we're getting by while I'm in school, with brighter days to come.