3 Debtor-Creditor Law § 31.15

Summary

• [1] In General

  Georgia’s civil procedure laws apply generally to garnishment proceedings.1 Georgia’s garnishment statute is codified in the O.C.G.A. Sections 18-4-1 et seq. The statute used to allow for both prejudgment and post-judgment garnishment proceedings with a wide view of what may be garnished, but the statute was declared unconstitutional in 20152 and replaced in 2016. The new law only offers post-judgment garnishment. The new law also clarifies which money is exempt from garnishment proceedings and expanded earnings to include deferred compensation in an unfunded employer plan, severance payments, tips, and overtime compensation. Finally, the new law requires notice to the garnishee and the judgment debtor about which types of funds are exempt and how to recover money which is improperly taken.3