The Biggest Mistake That Leads to Wage Garnishment in Georgia

Ignoring a debt collection lawsuit can lead to default judgment and wage garnishment.

The biggest mistake that leads to a wage garnishment is ignoring the lawsuit.

In my previous post, I explained that a creditor usually cannot garnish wages unless they first file a lawsuit and obtain a judgment. If you missed it, you can read more about that process in “Can a Debt Collector Garnish My Wages in Georgia?”

What many people do not realize is that a lawsuit has strict deadlines.

In Georgia, a person generally has 30 days from the date of service to file an Answer to the complaint.

Filing an Answer is important because it prevents the creditor from automatically winning the case.

If the deadline is missed, the case goes into default.

Georgia law still provides a short opportunity to fix the problem. A defendant may still open the default within 15 days by filing an Answer and paying the plaintiff's court costs.

However, if those deadlines pass, the creditor may obtain a judgment, which allows them to begin a wage garnishment.

Many people only learn about these rules after a judgment has already been entered.

In my next post, I will explain how much of your paycheck can be garnished in Georgia and the limits the law places on a wage garnishment.

If you have been sued by a debt collector in Georgia, learning about your options for debt collection lawsuit defense may help you avoid a judgment and potential wage garnishment.

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.