How to Garnish Wages in Georgia After a Judgment

Wage Garnishment Is a Separate Lawsuit

Winning a judgment in Georgia Magistrate Court does not automatically withhold money from the debtor's paycheck. To garnish wages, you file a new proceeding — a Continuing Garnishment action under O.C.G.A. Title 18, Chapter 4 — targeting the debtor's employer as the garnishee. The garnishment action is filed in the court of the county where the employer maintains a registered agent, branch office, or principal place of business, not necessarily the county where you won your judgment.

The Forms You Need

Georgia's garnishment statute requires a specific package of documents, all set out under O.C.G.A. § 18-4-70:

• Affidavit of Continuing Garnishment (O.C.G.A. § 18-4-72) — your sworn statement of the judgment balance owed
• Summons of Continuing Garnishment — the court's order directing the employer to withhold wages
• Attachment for Summons of Continuing Garnishment — supporting details for the garnishment order
• Notice to Defendant of Right Against Garnishment (O.C.G.A. § 18-4-82) — mandatory notice informing the debtor of their exemption rights
• Defendant's Claim Form (O.C.G.A. § 18-4-82) — a blank form the debtor uses to assert exempt income

The Georgia Council of Magistrate Court Judges publishes standardized versions of these forms at georgiamagistratecouncil.com. Some counties also provide their own packets through their clerk's office.

Filing and Service

File the garnishment package with the court clerk and pay the filing fee. Fees vary — DeKalb County charges about $54 for a garnishment filing plus $35 for marshal service, while rural counties like Jeff Davis run about $92.50 all in. After the clerk processes your filing, the Summons and all accompanying forms must be formally served on the employer by a sheriff, deputy, county marshal, constable, or certified process server (O.C.G.A. § 18-4-8(a)).

Within three business days of serving the employer, you must serve the debtor with copies of the Affidavit, Summons, Notice, and Claim Form. Service on the debtor requires both first-class mail and certified or registered mail (return receipt requested) to the debtor's last known address, or personal delivery by an authorized process server. File proof of service with the court. Missing the three-day window means the garnishment is dismissed — no exceptions.

How Much Can Be Withheld

Federal law under the Consumer Credit Protection Act (15 U.S.C. § 1673) and Georgia's O.C.G.A. § 18-4-5 cap wage garnishment at the lesser of:

• 25% of the debtor's weekly disposable earnings, or
• The amount by which weekly disposable earnings exceed 30 times the federal minimum wage ($7.25 × 30 = $217.50 per week)

Disposable earnings means gross pay minus legally mandatory deductions (federal and state income tax, FICA, Social Security). Voluntary deductions like 401(k) contributions and health insurance premiums do not reduce the garnishable amount.

If the debtor earns $217.50 or less per week after mandatory deductions, nothing can be garnished. Between $217.50 and $290 per week, only the amount above $217.50 is withheld. Above $290 per week, the 25% ceiling applies.

How Long It Lasts

A Continuing Garnishment Summons remains active for 179 days from the date the employer is served (O.C.G.A. § 18-4-4(c)(1)). The employer withholds from each paycheck throughout that window and files periodic answers with the court disclosing the amounts collected. If the judgment is not fully satisfied within 179 days, you file a new garnishment action to continue collecting.

The employer must file their first answer with the court no sooner than 30 days and no later than 45 days after service (O.C.G.A. § 18-4-10(b)). If the employer fails to respond within 45 days, they go into default. After a 15-day grace period, you can move for a default judgment against the employer for the full balance of the debtor's obligation.

The Full Process, Mapped Out

The Georgia Small Claims Judgment Collection Guide covers the complete wage garnishment workflow — from identifying the debtor's employer through post-judgment interrogatories to tracking withheld amounts on a balance ledger and filing for fund disbursement once the court registry has your money.

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