To file a claim of exemption for a garnishment in Georgia, complete the Defendant’s Claim Form printed at O.C.G.A. § 18-4-82, file it with the clerk of the court where the garnishment is pending, and serve copies on the creditor and your bank or employer. You generally have 20 days from the date the garnishee files its answer to get the form on file. The form is short, but the attachments you include and the speed you move at decide whether the judge releases the money to you or to the creditor.
File Within 20 Days of the Garnishee’s Answer
The 20-day clock starts when your bank or employer files its answer with the court, not when you first learned about the garnishment. The form itself warns that you “may lose your right to claim an exemption” if you don’t file within those 20 days, and once that window closes the court can send the money to the creditor without a hearing.
Under O.C.G.A. § 18-4-15(h), a court can also refuse to hear a claim filed after the garnishment action has been dismissed, or in a standard (non-continuing) garnishment after judgment has been entered or the funds have already been disbursed. Continuing wage garnishments run up to 1,095 days, so you keep the right to file a claim on future disbursements even after an initial payout. The practical rule: file the claim as soon as you learn about the garnishment. If you need a few more days to gather statements or benefit letters, get the form on file first and bring the documents to the hearing.
Where to Get the Form
A blank Defendant’s Claim Form should have arrived with the garnishment paperwork the creditor was required to send you. If you don’t have it, the clerk’s office at the court where the garnishment was filed will give you a copy, and the Superior Court Clerks’ Cooperative Authority hosts downloadable garnishment forms at gaclerks.org. The full form language also appears in the Georgia Code at O.C.G.A. § 18-4-82. Have your civil action file number ready when you call or visit; it’s on the summons of garnishment.
Exemptions You Can Claim
The form uses checkboxes for the income sources Georgia and federal law protect from garnishment. Check every box that applies to money in the garnished account or paycheck.
- Social Security benefits, fully protected under federal law, and that protection follows the money into your bank account.
- Supplemental Security Income (SSI), with the same federal protection.
- Veterans’ Administration benefits, protected whether the funds sit in a dedicated VA account or a regular checking account.
- Unemployment compensation, exempt under Georgia law.
- Workers’ compensation payments, exempt under Georgia law.
- State pension and retirement funds while held in the retirement system; once distributed, those payments are protected only up to the same limits that apply to wages, unless a separate law provides a broader shield.
- Disability income, protected under applicable state and federal provisions.
The list on the form is not exhaustive. Other exemptions may fit your situation, such as certain life insurance proceeds and IRA funds still held inside the account, which are protected under O.C.G.A. § 18-4-6. If your income source isn’t on the printed checklist, write it in and attach documentation showing why it qualifies. The clerk’s office and the Georgia Attorney General’s site at www.law.ga.gov carry a fuller exemptions list, as the form itself directs.
Wage Garnishment Caps
If the garnishment targets your paycheck, the creditor cannot take everything. Under O.C.G.A. § 18-4-5, the garnishable amount is capped at the lesser of 25 percent of your disposable earnings for the week, or the amount by which your weekly disposable earnings exceed $217.50 (30 hours at the $7.25 federal minimum wage).
Disposable earnings are what’s left after federal income tax, state income tax, FICA, and any other deductions required by law. Voluntary deductions like 401(k) contributions, elected health insurance premiums, and union dues do not reduce that figure.
Two situations shift the numbers. Private student loan judgments carry a lower cap of 15 percent of disposable earnings. Child support and alimony run the other way: up to 50 percent of disposable earnings can be taken, and the claim form will not override that higher limit. The form’s own notice warns that “more than 25 percent of your disposable earnings may be taken from your earnings for the payment of child support or alimony.”
Filling Out the Form
The top of the form is a standard court caption. Copy the information exactly from the Summons of Garnishment:
- Court name and county (magistrate, state, or superior court, whichever is on the summons).
- Civil Action File Number. If this is wrong, the clerk may not be able to match your claim to the right case.
- Plaintiff (creditor) name and contact information.
- Defendant (your) name and address.
- Garnishee (your bank or employer) name and address.
Below the caption, check every box that matches a source of income in the garnished account or paycheck. If the account holds a mix of exempt and non-exempt deposits, such as Social Security plus freelance income, check the Social Security box and be ready to show which deposits came from which source. Sign and date the form; you are affirming under oath that the information is true, so only claim exemptions that genuinely apply.
Documents to Attach
The checkboxes tell the judge what you’re claiming. The attachments prove it.
- Bank statements with the exempt deposits highlighted or circled. Direct deposits labeled “SSA” or similar are easy to spot; ambiguous descriptions should be paired with a benefit verification letter.
- Benefit award letters from the Social Security Administration, Veterans’ Administration, or a state retirement system, confirming you receive benefits and showing the payment amount.
- Recent pay stubs for wage garnishment claims, showing gross earnings, mandatory deductions, and net pay so the judge can check the cap.
- Tax withholding records, such as a W-2 or a pay stub breakdown showing federal and state withholding and FICA, if the disposable-earnings calculation is at issue.
Make copies before you file. You’ll want originals for the hearing, a set for the court file, and additional sets to serve on the plaintiff and garnishee.
Filing and Serving the Claim
File the completed form and attachments with the clerk of the court where the garnishment is pending. Filing fees referenced online (typically $60 or more) apply to the plaintiff initiating the garnishment, not to a defendant filing the claim. Confirming with the clerk before you go is still smart.
After filing, you must serve a copy of the claim and attachments on both the plaintiff (or the plaintiff’s attorney, if one is listed) and the garnishee. The clerk transmits a copy to both parties, but that does not remove your own service obligation under O.C.G.A. § 18-4-15. Acceptable methods include personal delivery by anyone at least 18 who is not a party to the case, or certified mail with return receipt requested. Keep the signed return receipt or the process server’s certificate, and file that proof of service with the clerk.
What Happens at the Hearing
Once you file, the court must schedule a hearing within 10 days. No garnished funds can be released to the creditor until that hearing takes place, so filing the form freezes the money in place. The clerk will mail you a notice with the date and time.
At the hearing, the burden is on you. You need to show one of three things: that the creditor doesn’t have a valid judgment against you, that the garnishment affidavit is defective (wrong amount, wrong defendant, missing required information), or that the garnished funds are covered by one or more statutory exemptions. This is not the place to argue that the debt is unfair or that you’re facing hardship generally. The court considers only the legal grounds on your claim form.
Bring your original documents and be prepared to walk the judge through the paper trail connecting your exempt income to the specific funds in the garnished account. If the judge rules in your favor, the court issues an order releasing the funds. If not, the creditor receives the money.
If You Lose the Hearing
A garnishment ruling is not appealed through the normal direct-appeal route. Under O.C.G.A. § 5-6-35, you must file an application for appeal, which is a petition asking the appellate court to take your case, within 30 days of the judge’s order. File it with the clerk of the Supreme Court or Court of Appeals, and serve a copy on the opposing party at or before the time you file. Because the application process is more involved than a standard notice of appeal and requires you to explain why the appellate court should hear the case, most defendants at this stage benefit from consulting an attorney if they haven’t already.