State Court of Chatham County Georgia

INSTRUCTIONS FOR FILING A GARNISHMENT ANSWER

Garnishment actions are among the most common and most complicated. For that reason the following administrative assistance is offered for Garnishees. First, If you are served with a garnishment action, PLEASE READ THE SUMMONS CAREFULLY.

Garnishees served with a "Summons of Garnishment" (State Court Form # 30), are required to submit all amounts appropriately deducted to the Court with one answer.

Garnishees served with a "Summons of Continuing Garnishment" (State Court Form # 28) MUST make deductions on a weekly basis. Answers, on the other hand, are preferred by the Court on a monthly basis. The only governing rule is that the garnishee should not exceed 45 days between answers. Please be aware that only the plaintiff, or counsel for the plaintiff can authorize the Court to relieve the garnishee from filing an Answer.

EMPLOYER'S DEDUCTIONS: Clerk's Suggestion: Consult your attorney before proceeding.

1.	The amount to be deducted from earnings is based on DISPOSABLE EARNINGS which is calculated on a WEEKLY basis even though the employee may be on a biweekly or monthly payroll.
2.	“Disposable Earnings” is the amount of earnings remaining after the deduction of all legally required sums such as social security, federal and state taxes, tax levies, and court ordered child support.
3.	(a) The amount to be deducted for the Garnishment and sent to Court should be the LESSER of 25% of disposable earnings for any work week, OR the amount basis by which the disposable earnings for any work week exceed 30 times the federal minimum hourly wage. (b) Since the minimum wage is $5.15 per hour, 30 times that amount, $154.50, is deducted from the employee's WEEKLY earnings as exempt from garnishment. If the defendant, (the person whose wages are being garnished) has disposable income greater $154.50 per week, a deduction, FOR THAT WEEK, is necessary. The garnishee IS required to file an answer with the Court even if no deduction is necessary. Please see State Court Form # 01, Answer of Continuing Garnishment.

CALCULATION EXAMPLE

Weekly Salary	478.92
All Tax Deductions	86.76
Child Support	75.46
TOTAL WITHOLDING	162.22
Disposable Income	316.70
Wages Exempt from Garnishment	154.50
Wages Subject to Garnishment	162.20

25% of Disposable Income	79.18
Wages Subject to Garnishment	162.20
In this case, since $79.18 is the lesser amount, that is the amount to be held out for that week and included in the next garnishment answer. See rule #3 above.
Common Garnishment Forms:
28. Continuing Garnishment
29. Summons of Continuing Garnishment for support of family member
05. Answer of Continuing Garnishment