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2018 Georgia Code 18-4-5 | Car Wreck Lawyer

TITLE 18 DEBTOR AND CREDITOR

Section 4. Garnishment Proceedings, 18-4-1 through 18-4-89.

ARTICLE 1 GENERAL PROVISIONS

18-4-5. Maximum part of disposable earnings subject to garnishment; adverse employment action prohibited.

    1. Subject to the limitations set forth in Code Sections 18-4-6 and 18-4-53, the maximum part of disposable earnings for any work week which is subject to garnishment shall not exceed the lesser of:
      1. Twenty-five percent of the defendant's disposable earnings for that week; or
      2. The amount by which the defendant's disposable earnings for that week exceed $217.50.
    2. In case of earnings for a period other than a week, the proportionate fraction or multiple of 30 hours per week at $7.25 per hour shall be used.
  1. The limitation on garnishment set forth in subsection (a) of this Code section shall apply although the garnishee may receive a summons of garnishment in more than one garnishment case naming the same defendant unless the garnishee has received a summons of continuing garnishment for support as provided in Article 3 of this chapter.
  2. No employer shall discharge an employee by reason of the fact that such employee's earnings have been subjected to garnishment for any one obligation, even though more than one summons of garnishment may be served upon such employer with respect to the obligation.

(Code 1981, §18-4-5, enacted by Ga. L. 2016, p. 8, § 1/SB 255; Ga. L. 2018, p. 820, § 2/SB 194.)

The 2018 amendment, effective May 8, 2018, substituted "$217.50" for "$217.00" in subparagraph (a)(1)(B); and substituted the present provisions of paragraph (a)(2) for the former provisions, which read: "In case of earnings for a period other than a week, a multiple of $7.25 per hour shall be used."

RESEARCH REFERENCES

C.J.S.

- 38 C.J.S., Garnishment, § 209 et seq.

ALR.

- Who is "employee" within debt exemption statute, 58 A.L.R. 777.

Wrongful discharge: employer's liability under state law for discharge of employee based on garnishment order against wages, 41 A.L.R.5th 31.

Protection of debtor from acts of discrimination by private entity under § 525(b) of Bankruptcy Code of 1978 (11 USCS § 525(b)), 105 A.L.R. Fed. 555.

Preemption of state-law wrongful discharge claim, not arising from whistleblowing, by § 301(a) of Labor-Management Act of 1947 (29 U.S.C.A. § 185(a)), 184 A.L.R. Fed. 241.

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