Georgia’s garnishment law changed substantially when Senate Bill 443 took effect on January 1, 2021. The headline shift under Georgia garnishment law SB 443: a single continuing wage garnishment now runs up to 1,095 days (about three years) instead of the old 179-day window, so a creditor who used to refile every six months can keep one garnishment collecting for three full years. The bill also rewrote the notice rules, created faster options for debtors to contest a garnishment, and clarified which income is off-limits.
How Long a Garnishment Now Lasts
SB 443 replaced the flat 179-day period with a tiered system based on the type of garnishment:
- Continuing wage garnishment: 1,095 days from the date the summons is served on the garnishee.
- Bank or financial institution garnishment (non-continuing): 5 days from service.
- Continuing garnishment for child or spousal support: remains in effect until the full arrearage is paid, with no fixed end date.
- All other garnishments: 29 days from service.
The jump from 179 to 1,095 days is the change with the biggest practical bite. Wage garnishment is now a much more durable collection tool than it was before SB 443.1Justia Law. Georgia Code 18-4-4 – Process of Garnishment; Period of Garnishment
How Much of Your Paycheck a Creditor Can Take
Georgia follows the federal Consumer Credit Protection Act framework. For most commercial debts, the maximum garnishment on disposable earnings is the lesser of:
- 25% of weekly disposable earnings, or
- The amount by which weekly disposable earnings exceed $217.50 (30 times the federal minimum wage of $7.25 per hour).
Whichever calculation leaves more money in the debtor’s pocket controls.2Justia Law. Georgia Code 18-4-5 – Maximum Part of Disposable Earnings Subject to Garnishment
Private Student Loans: 15%
SB 443 added a Georgia-specific carve-out. If the garnishment arises from a private student loan, the cap drops from 25% to 15% of disposable earnings. The $217.50 floor still applies, and the smaller of the two figures controls. This lower rate is for private student loans only; federal student loan garnishments run through the Department of Education’s separate administrative wage garnishment process.3Georgia General Assembly. Senate Bill 443
Child and Spousal Support
Support orders override the 25% ceiling and use higher federal limits. A debtor currently supporting another spouse or child can have up to 50% of disposable earnings taken for a support order. Without another dependent, that rises to 60%. Both figures increase by 5 percentage points when the order covers arrears more than 12 weeks old.4Office of the Law Revision Counsel. 15 U.S. Code 1673 – Restriction on Garnishment
What Counts as Disposable Earnings
Garnishment percentages apply to disposable earnings, not gross pay. Disposable earnings are what remain after legally required deductions: federal income tax, state and local taxes, Social Security, and Medicare. Voluntary deductions do not reduce the garnishable base. Contributing more to a 401(k) or paying higher health insurance premiums does not shrink the amount a creditor can reach.5U.S. Department of Labor. Fact Sheet #30: Wage Garnishment Protections of the Consumer Credit Protection Act (CCPA)
When pay covers a different period, the $217.50 floor scales up. For a biweekly paycheck it doubles to $435; for a monthly paycheck it’s roughly $941.25.
Bank Account Garnishments
A non-continuing bank garnishment lasts only 5 days from service, so it captures whatever sits in the account during that short window rather than running as an ongoing withdrawal.1Justia Law. Georgia Code 18-4-4 – Process of Garnishment; Period of Garnishment
Federal benefits deposited directly into an account get automatic protection. When a bank receives a garnishment order, it must review the prior two months of deposits for Social Security, SSI, VA benefits, and similar federal payments. Two months’ worth of those direct deposits stay available to the account holder; anything above that cushion can be frozen or turned over.6eCFR. Part 212 Garnishment of Accounts Containing Federal Benefit Payments
One boundary to know: this automatic protection only applies to direct deposits. A federal benefit check deposited manually gets no automatic flag, and you’d have to go to court to prove the funds are exempt and get them released.7Consumer Financial Protection Bureau. Can a Debt Collector Take My Federal Benefits, Like Social Security or VA Payments?
Notice Rules SB 443 Tightened
A creditor cannot garnish anything without first obtaining a judgment against the debtor. Once the judgment exists, the creditor files a sworn garnishment affidavit stating the case number of the underlying judgment, the principal balance, post-judgment interest, and any additional amounts like attorney’s fees or costs. The oath matters; errors in the stated balance are grounds for the debtor to challenge the garnishment.8Justia Law. Georgia Code 18-4-71 – Affidavit of Garnishment
After serving the garnishee (employer, bank, or other holder of the funds) with the summons, affidavit, notice of rights, and claim form, the creditor has three business days to send the debtor copies of those same documents. The clock starts on service to the garnishee, not on the filing date.9Georgia General Assembly. Senate Bill 443 – Garnishment Proceedings Amendment
The garnishee has 45 days from service to file a written answer with the court, disclosing whether they hold the debtor’s money or property and, for wage cases, providing earnings details. A garnishee that fails to answer within 45 days risks a default judgment against them for the full amount of the debt.
How Debtors Can Fight Back
A debtor who wants to contest a garnishment files a traverse or claim with the court. Once filed, the court must schedule a hearing within 10 days, so the process cannot drag on for months while wages keep disappearing.
Grounds for Contesting
Common grounds include: the debt has already been paid, the amount stated in the affidavit is wrong, the creditor didn’t follow the required procedure, or the funds and income being taken are exempt. Procedural defects alone (late notice to the debtor, a missing claim form) can be enough to unwind a garnishment.
Exempt Income and Property
Several income sources are partially or fully protected under Georgia and federal law: Social Security, SSI, unemployment compensation, workers’ compensation, VA benefits, and disability income are among the most common.3Georgia General Assembly. Senate Bill 443
Retirement funds sit in a more complicated spot. Money held inside an IRA or a qualified plan like a 401(k) is exempt, but only up to the same limits that apply to disposable earnings. Once retirement funds are distributed to the debtor, they can be garnished like ordinary income. Executive deferred compensation in an unfunded plan gets no garnishment protection at all.10Justia Law. Georgia Code 18-4-6 – Exemption From Garnishment
Exempt income is carved out before the garnishment percentage is calculated on what remains.
When More Than One Garnishment Hits
Child support always comes first, with one narrow exception: an IRS tax levy that predates the support order takes priority over it.11Administration for Children & Families. Processing an Income Withholding Order or Notice
After the support obligation is satisfied, remaining disposable earnings can be reached for commercial debts, but the total across all orders still cannot exceed federal maximums. If a support order already takes 50% of disposable earnings, a commercial creditor may find nothing left to collect, because the aggregate limit for non-support garnishments is 25%.4Office of the Law Revision Counsel. 15 U.S. Code 1673 – Restriction on Garnishment
What Employers Must Do (and Can’t Do)
Employers served with a wage garnishment have to calculate the correct withholding each pay period based on disposable earnings and remit those funds as directed. The same 45-day answer deadline applies. Missing it can trigger a default judgment against the employer for the full debt.
Georgia law prohibits an employer from firing a worker because that worker’s wages are being garnished for any single debt obligation, even if multiple summonses are served for the same underlying debt.2Justia Law. Georgia Code 18-4-5 – Maximum Part of Disposable Earnings Subject to Garnishment Federal law adds teeth: under the Consumer Credit Protection Act, an employer who willfully fires a worker over a single garnishment faces a fine of up to $1,000, up to one year in prison, or both.12Office of the Law Revision Counsel. 15 U.S. Code 1674 – Restriction on Discharge From Employment by Reason of Garnishment
Read that limitation carefully. The protection covers garnishment for “any one” obligation. An employee facing garnishments from two or more completely separate debts loses this shield under the federal statute.
For child support garnishments, Georgia allows employers to charge a $25 fee for the first deduction and $3 for each subsequent deduction. Those fees come out of the employee’s remaining wages, not out of what goes to the creditor.
Bankruptcy as a Pause Button
Filing for bankruptcy triggers an automatic stay that immediately stops most collection activity, including active wage garnishments, the moment the petition is filed. No separate court order is needed.13Legal Information Institute. Automatic Stay
Wages garnished within the 90 days before filing may be partially recoverable. Under bankruptcy preference rules, payments over $600 to a single creditor during that 90-day window can potentially be pulled back into the bankruptcy estate. Recovered funds go first to priority debts like back child support and delinquent taxes, then to other creditors under the plan.
The stay is a pause, not a cure. If the case is dismissed or the debt isn’t discharged, the creditor can resume garnishment. For a debtor sitting in the middle of a three-year continuing garnishment, though, even a temporary halt can matter.