Georgia Laws on Wage Garnishments, Statute of Limitations on Debt and Bankruptcy Property Exemptions
WAGE GARNISHMENTS: Georgia follows the federal rules on wage garnishments, therefore, the Federal law applies
MAXIMUM INTEREST RATE: Legal: 7% Judgment: 12%
Commercial Accounts: 18%
STATUTE OF LIMITATIONS ON ENFORCEMENT:
Open Account (credit cards): 4 years
Written Contract: 6 years
Domestic Judgment: 7 years
Foreign Judgment: 5 years
BAD CHECK LAW DAMAGES: Double damages up to $500 plus a service charge of $20 or 5%, whichever is greater
GEORGIA BANKRUPTCY PROPERTY EXEMPTIONS (Code of Georgia Annotated):
The State of Georgia exempts the property and income below from seizure by the bankruptcy court to pay creditors:
Real Estate: Real or personal property used as a residence up to $5,000; unused homestead exemption may be applied to any property [44-13-100(a)(1) and 44-13-100(a)(6)]
Personal property: Appliances, animals, books, clothing, crops, furnishings, household goods, musical instruments, up to $200 per item and up to $3,500 total [4-13-100(a)(4)]; jewelry up to $500 [44-13-100(a)(5)]; implements, books or tools of trade up to $500 [44-13-100(a)(7)]; health aids, unlimited amount [44-13-100(a)(10)]; burial plot (in lieu of real estate exemption) [44-13-100(a)(1)]; personal injury recoveries up to $7,500 but not for pain and suffering [44-13-100(a)(11(D); lost future earnings, amount needed for support [44-13-100(a)(3)]; motor vehicles up to $1,000 [44-13-100(a)(3)]; wrongful death recoveries, amount needed for support [44-13-100(a)(11)(B)]
How to Deal with Debt Collectors
Federal and State Laws Regarding Debt Collection
State Laws Regulating Wage Garnishments
Insurance / Annuities: Annuity and endowment benefits, unlimited amount [33-28-7]; disability or health benefits to $250 per month [33-29-15]; fraternal society benefits, unlimited amount [33-15-62]; group insurance, unlimited amount [33-30-10]; industrial life insurance proceeds if policy needed for support, unlimited amount [33-26-5]; life insurance proceeds if policy needed for support, unlimited amount [44-13-100(a)(11)(C)]; unmatured life insurance contract, unlimited amount [44-13-100(a)(8)]; unmatured life insurance dividends, interest, loan value or cash value up to $2,000 [44-13-100(a)(9)]
Pensions / Retirement Plans: All pensions or retirement benefits, unlimited amount [18-4-22, 44-13-100(a)(2)(E) and 44-13-100(a)(2.1)(C)]; public employees, unlimited amount [44-13-100(a)(2.1)(A) and 47-2-332]; employees of non-profit corporations, unlimited amount [44-13-100(a)(2.1)(B)]
Public Benefits/ Entitlements: Veterans' benefits, unlimited amount [44-13-100(a)(2)(B)]; workers' compensation, unlimited amount [34-9-84]; aid to aged, blind and disabled, unlimited amount [49-4-25, 49-4-58 and 49-4-84]; crime victims' compensation, unlimited amt [44-13-100(a)(11)(A)]; local public assistance, unlimited am [44-13-100(a)(2)(A)]; social security, unlimited amt ]44-13-100(a)(2)(A)]; old age assistance; unemployment compensation, unlimited amount [44-13-100(a)(2)(A)]
Wages: 75% of earned but unpaid wages [18-4-20 and 18-4-21]
Miscellaneous: Alimony and child support, amount needed for support [44-13-100(a)(2)(D)]; any property up to $400, plus any unused portion of the real estate exemption [44-13-100(a)(6)]