What Income Cannot Be Garnished in Georgia?

Certain types of income may be protected from garnishment under Georgia and federal law.

In earlier articles, I discussed how a creditor must first file a lawsuit and obtain a judgment before garnishment can occur, why ignoring the lawsuit is often the biggest mistake a consumer can make, how much of a paycheck may be garnished under Georgia law, and how bank garnishments work differently from wage garnishments.

Now let’s turn to another important question:

What income cannot be garnished in Georgia?

One common misconception is that head of household status protects wages from garnishment in Georgia. Many people still believe this, but it is no longer the case.

At the same time, many consumers are surprised to learn that some types of income may still be protected from garnishment under federal or state law.

Understanding these protections can become very important when dealing with debt collection lawsuits or garnishments. In some situations, consumers may have rights they do not realize exist.

Georgia law recognizes that certain types of income may be exempt from garnishment. Some common examples include:

• Social Security benefits

• Supplemental Security Income (SSI)

• Veterans benefits

• Disability income

• Workers’ compensation benefits

• Unemployment benefits

• Some retirement or pension income

However, many of the most important rights in a debt collection case arise before a garnishment ever begins. If you have already been sued by a creditor or debt buyer in Georgia, it may be helpful to learn more about debt collection lawsuit defense in Georgia and the options that may be available before a judgment is entered. You may also contact Kaiden & Kaiden, LLC to discuss your situation.

Another surprise for many people is that a creditor may also place a lien on property after obtaining a judgment. In some situations, consumers first learn about the lien when they attempt to sell or refinance property.

In the next article in this series, I will explain how ignoring a debt collection lawsuit can eventually lead to a lien on property in Georgia.

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.

Disclaimer: This article is intended for general informational purposes only and is not legal advice. Every case is different, and laws and procedures may change. Reading this article does not create an attorney client relationship.