Georgia’s garnishment law unconstitutional | www.myajc.com

A federal judge has halted garnishments in Gwinnett County, ruling that the state law that governs the process is unconstitutional.

The law is flawed because it doesn’t require creditors to tell debtors that some money — like Social Security benefits, welfare payments and workers’ compensation — is off limits to garnishments. When that money is wrongly taken, the law doesn’t require creditors to tell people how to get it back, and it doesn’t provide a timely procedure for determining whether funds should have been exempt, U.S. District Court Senior Judge Marvin H. Shoob wrote.

Tuesday’s decision only affects Gwinnett County because the lawsuit was brought against the clerk of court there. But many believe it could lead to changes in the state’s garnishment law.

“I think it’s probably going to affect the whole state of Georgia. Lawyers are going to be reluctant to file garnishments,” said William Randall, chief judge of civil and magistrate court in Bibb County. “It’s going to bring the whole process to a standstill.”

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