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LIBERTY COUNTY MAGISTRATE COURT CONTINUING GARNISHMENT INFORMATION GUIDE The following guide is provided by the Magistrate Court of Liberty County for informational purposes only. If you have specific legal questions, you should consult with an attorney. DEFINITIONS Defendant – The party against whom judgment has been issued. Garnishee – A third party who has been notified that money or property in his or her hands but belonging to a defendant has been attached and is subject to garnishment. Garnishment – A court order directing a third party who holds money or property belonging to a defendant to withhold it and/or appear in court to answer inquires. Plaintiff – The party seeking relief or recovery against the defendant. Summons of continuing garnishment – A summons from a court directing the garnishee to file with the court an answer to the summons stating what property, money, or other effects the garnishee has that belongs to the defendant. Earnings – Compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments from pensions or retirement plans [OCGA 18-4-1(2)]. Disposable Earnings – The part of the earnings of an individual remaining after the deduction from those earnings of the amounts required by law to be withheld [OCGA 18-4-1(1)]. HOW TO FILE A GARNISHMENT A judgment must be obtained before a garnishment can be issued. The garnishee (employer/bank/etc.) must be located in Liberty County. The Plaintiff must calculate/monitor any interest and/or other charges that might accrue on the claim, and advise our office of any such additional charges, accordingly. GARNISHEE’S RESPONSIBILITIES A summons of continuing garnishment is issued by the Clerk of the Magistrate Court of Liberty County in cases where a money judgment has been obtained. The summons of continuing garnishment is directed to the garnishee, who is required to: File an answer to the first garnishment no later than 45 days after service; File further answers for the remaining period covered by the summons of continuing garnishment; and Accompany all answers with any property, money or other effects of the defendant admitted being subject to continuing garnishment. CONTENTS OF ANSWER The first answer shall state what property, money, or other effects of the defendant that are subject to continuing garnishment from the time of service through and including the first answer. Further answers shall state what property, money, or other effects of the defendant that are subject to continuing garnishment from the previous answer date. Attached to the summons are answers of continuing garnishment. One should be filed with each answer in a timely manner even if the defendant is not presently employed by the garnishee. This should be done within the 1,095-day period of a continuing garnishment in increments that are consistent with the defendant’s pay schedule, for example weekly, bi-weekly, or The last answer shall be filed no later than the 1,095th day after the garnishee has been served. EARNINGS SUBJECT TO GARNISHMENT The greatest amount that can be garnished from the defendant’s weekly pay is the lesser of: 25% of his or her disposable earnings, commonly referred to as “take home pay”; or The remainder after subtracting 30 times the amount of the federal minimum wage. Example: Defendants “take home pay” is $280.00 after deducting social security and withholding taxes every week. 1. 25% of $280.00 = $70.00 2. 30 X current federal minimum wage ($7.25) = $217.50. 3. $280.00 minus $217.50 = $62.50 Since $62.50 is the smaller of the two figures, $62.50 is deducted from the defendant’s pay. If the disposable earnings were $300.00, garnishment could not exceed $75.00. Example: $300.00 - $217.50 = $82.50 25% of $300.00 = $75.00 GARNISHMENT EXEMPTIONS Certain compensations are exempt from being garnished. For a list of these exemptions, visit the Georgia Attorney Generals webpage at www.law.georgia.gov, and search Garnishment Exemptions. CONSEQUENCES OF GARNISHEE FAILING TO ANSWER If the garnishee fails to file an answer within 45 days after being served with the summons of continuing garnishment, the garnishee shall automatically be in default. The default may be opened as a matter of right by the filing of an answer within 15 days of the day of default and payment of all costs. If the case is still in default after the expiration of the period of 15 days, judgment by default may be entered at any time against the garnishee for the amount claimed to be due on the judgment obtained against the defendant. Plaintiff must give a sixty (60) day notice to the garnishee by certified mail advising that default has been issued. PAYMENTS MAIL ALL PAYMENTS TO: Liberty County Clerk of Courts Office 201 South Main Street, Suite 1200 Hinesville, Georgia 31313 (912) 876-3625 Revised 01/16/2025 - MC