Question 1

What is a claim of exemption in Georgia?

Accepted Answer

A Georgia claim of exemption is a form, called the Defendant's Claim Form, that you file to protect wages or bank funds from a garnishment. It tells the court that some or all of the money is exempt, meaning the law does not let a creditor take it. You file it with the Clerk of Court where the garnishment is pending, within 20 days after the Garnishee's Answer is filed.

Question 2

What is the difference between a claim of exemption and an objection to a garnishment in Georgia?

Accepted Answer

An objection challenges whether the garnishment itself is proper, such as a wrong amount or a defect in the paperwork. A Georgia claim of exemption accepts that the judgment exists but says the specific wages or funds are legally protected, for example because they come from Social Security. The Defendant's Claim Form is how you raise the exemption, and you can point out a defect at the same time.

Question 3

How much of my paycheck can be garnished in Georgia?

Accepted Answer

Georgia follows the federal limit. Under O.C.G.A. section 18-4-5, a creditor can take the lesser of 25 percent of your disposable earnings for the week, or the amount by which your weekly disposable earnings exceed 217.50 dollars. Disposable earnings are what is left after legally required deductions. Some income, such as Social Security, cannot be garnished for ordinary debts at all.

Question 4

How long do I have to file a claim of exemption in Georgia?

Accepted Answer

You may lose your right to claim an exemption if you do not file the Defendant's Claim Form within 20 days after the Garnishee's Answer is filed with the Clerk of Court. That means the clock is tied to your employer's answer, not the day you were served. Because the window is short, act as soon as you learn of the garnishment.

Question 5

What income is exempt from garnishment in Georgia?

Accepted Answer

Social Security, Supplemental Security Income, disability, veterans benefits, and many pensions and public benefits are exempt from garnishment for ordinary debts, no matter how much you owe. A baseline share of ordinary wages is also protected under the federal limit. If exempt benefits are frozen in a bank account, a claim of exemption is how you get them released.

Question 6

Can I protect my wages if I support my family in Georgia?

Accepted Answer

Georgia does not add a separate head-of-household wage exemption, so the same federal wage limit applies whether or not you support a family. You can still protect income that is exempt by source, such as Social Security, disability, or veterans benefits, and you can show the court that funds in a garnished account come from those protected sources by filing the Defendant's Claim Form.

Question 7

Where do I file a Georgia claim of exemption?

Accepted Answer

You file the Defendant's Claim Form with the Clerk of Court where the garnishment is pending, not with the creditor or your employer. The form usually arrives with the Notice to Defendant that the plaintiff must serve on you. Once the clerk receives your claim, the court schedules a hearing within ten days.

Question 8

What happens after I file a claim of exemption in Georgia?

Accepted Answer

The court schedules a hearing within ten days after it receives your claim form. At the hearing you show that the wages or funds are exempt, and the creditor must justify the garnishment. If the court agrees the money is protected, it releases those funds and stops or reduces the garnishment. If you miss the 20-day window, the garnishment usually continues.

Georgia Claim of Exemption

Introduction

Key Things to Know

Key decisions before you file

Customize your Claim of Exemption Template with DocDraft

Georgia Requirements for Claim of Exemption

Georgia Filing Deadline and Office

Frequently Asked Questions