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1. What is a garnishment?

A garnishment is a proceeding filed against the employer of a debtor/defendant. The employer is required to turn over to the court any money or other property that they may have in their possession belonging to the debtor/defendant. The plaintiff must have a judgment against the defendant before a garnishment can be filed. The judgment must also be a Georgia judgment (either local courts of federal). Other states' judgments will have to be domesticated (made a Georgia judgment). A judgment is valid for seven years. It can be renewed every seven years.

2. What is subject to a continuing garnishment?

Money owed by the garnishee to the defendant at the time of service of the summons of garnishment upon the employer is subject to garnishment. Any future funds owed by the employer to the defendant during the lifetime of the garnishment (179 days) are also subject to garnishment. If a defendant has been drawing a salary from his professional corporation, and stops when the notice of garnishment is received, a judge, in some cases, could possibly consider this fraud and collusion.

3. What can I do to stop the garnishment?

A garnishment cannot be "stopped" per se. A defendant can file a traverse. A traverse is an action filed by the defendant when he or she has some objection to the garnishment.