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ARTICLE · 07 JANUARY 2021

Peach State Garnishment Update – 2021 Changes

Littler Mendelson
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Effective January 1, 2021, several key components of Georgia's existing garnishment code were amended. The main changes are discussed below.

United StatesEmployment and HR
Littler Mendelson, P.C.
Littler Mendelson, P.C.
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Effective January 1, 2021, several key components of Georgia's existing garnishment code were amended. The main changes are discussed below.

Who Can Be Served?

Plaintiff-creditors may now serve garnishments on a defendant-debtor's employer or another person or entity "under periodic obligations for payment" to the defendant-debtor.

Calculating Disposable Earnings for Non-Employees/Independent Contractors

Questions have arisen with regard to how to calculate "disposable earnings" in the case of defendants that are not employed by the garnishee subject to federal and state income tax withholdings (i.e., independent contractors). The amended garnishment code provides:

A garnishee in a garnishment action in which the defendant is not an employee of such garnishee subject to federal and state income tax withholding by said garnishee shall be considered to have no knowledge of, nor any obligation to determine, the disposable earnings for such defendant and

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