Can a Debt Collector Garnish My Wages in Georgia?

Wage garnishment can occur only after a creditor files a lawsuit and obtains a judgment.

One of the most common questions people ask when they receive a debt collection lawsuit is:

“Can a debt collector garnish my wages?”

The answer is yes, but only after several legal steps happen first.

Many people believe that the moment they receive a lawsuit their paycheck will immediately be taken. That is not how the law works.

Before a creditor can garnish wages in Georgia, they must first:

• File a lawsuit

• Properly serve the defendant

• Obtain a judgment from the court

Only after a judgment is entered can a creditor attempt to garnish wages or bank accounts.

As a consumer debt defense attorney in Georgia, I often speak with people who panic when they receive a summons and complaint. In reality, the lawsuit stage is where a consumer still has the greatest opportunity to protect themselves. This is why defending a debt collection lawsuit in Georgia can often be the most important step in preventing wage garnishment before it starts.

In my next post, I will explain why ignoring a debt collection lawsuit can lead to wage garnishment and what deadlines matter most.

If you have been sued by a debt collector in Georgia, answering the lawsuit quickly may help prevent a wage garnishment. Learn more about your options for debt collection lawsuit defense or contact Kaiden & Kaiden, LLC to discuss your situation.

About the Author

Cristina Kaiden, Esq. is a consumer debt defense attorney and co-founder of Kaiden & Kaiden, LLC in Cobb County, Georgia. For more than two decades she has represented individuals facing debt collection lawsuits, default judgments, and wage garnishments in Georgia courts. She writes about debt collection defense and consumer rights to help consumers understand their legal options.