Legal Question in Credit and Debt Law in Georgia

How long can my wages be garnished in Georgia and what is the max amount that can be taken in garnishment for private student loans?


Asked on 11/27/12, 12:47 pm

1 Answer from Attorneys

If your wages are being garnished, what for? Is there a judgment entered? Or is it on the student loan debt?

Generally, Georgia allows a maximum of 25% of your disposable pay to be garnished. The garnishments can continue for 179 days (or about 6 months) and can be renewed any number of times until any judgments are resolved.

If this is a federal student loan, pay can be garnished up to 10%. See 20 U.S.C. � 1095A(a)(1):

(a) Garnishment requirements

Notwithstanding any provision of State law, a guaranty agency, ... may garnish the disposable pay of an individual to collect the amount owed by the individual,

if he or she is not currently making required repayment under a

repayment agreement ...with the guaranty agency holding the loan,

as appropriate, provided that -

(1) the amount deducted for any pay period may not exceed 10

percent of disposable pay, except that a greater percentage may

be deducted with the written consent of the individual involve.

If this is a federal student loan, there is no statute of limitations. The loan stays until you die unless its paid off sooner or else is discharged in bankruptcy (if allowed - there is a hardship test) or forgiven or resolved in some other manner.

Read more
Answered on 11/27/12, 5:38 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Georgia