Question:

Garnishment (state of GA)?

by  |  earlier

0 LIKES UnLike

I have a garnishment in the amount of $528.66 (daycare bill ex was going to pay) They have now taken over $1,000 out of my pay and refuse to stop unless I get a court order which could take 30 days or more. When I call Magistrate Court they advise me to contact an Attorney...IF I COULD AFFORD AN ATTORNEY I WOULDN'T BE IN THIS MESS TO BEGIN WITH. *sigh*. Help.

 Tags:

   Report

2 ANSWERS


  1. You can certainly begin by demanding an accounting from the daycare (or rather their collection agency) of the debt incurred. You can also ask for this from your employer, though I'd be more delicate with them than with the daycare. You'll need both of these regardless when you consult with an attorney or with the magistrate.

    If you find that the amount that has been garnished exceeds the amount of the award, contact the daycare's collections department (or outside collection agency) and send them copies of the records, and demand a ceasing of further collections and repayment of excess amounts due. While a garnishment order is imposed by the magistrate (or family court in some states), you can file civil suit against the collections agency in small claims court - and this is generally for a much lower fee and you can represent yourself.

    Also, be sure that when the court awarded the daycare the garnishment they didn't also award damages, fees or County costs. It is not unusual for the cost of collections to be awarded, too, and sometimes this can be ridiculous. Also, the State or County LOVES to collect a little more on top. My father had to pay my mother child support of $500/month, which he offered to bring every time he picked me up (he had twice monthly visitation). Cook County, Illinois, wouldn't allow it - so he paid $800/month, with the County keeping $300. This, in my mind, is criminal, but with the Daleys in charge corruption is king.

    You can always send certified mail demanding a cease and desist and threatening legal action - it may buy you some time. Daycares are very wary of lawsuits and may have to send it to their legal department (if the daycare is part of a larger corporation or chain) and cease until they get an opinion.

    Finally, I'd send bills to your ex for the garnishment.


  2. gorgia depresis me :( my x lives there  :(((( iw ish shed move back ( sob)

Question Stats

Latest activity: earlier.
This question has 2 answers.

BECOME A GUIDE

Share your knowledge and help people by answering questions.