GARNISHMENTS IN (Gwinnett County) GEORGIA

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On September 8, 2015, Marvin H. Shoob, Senior Judge, United States District Court, Northern District of Georgia, signed an order, related to case number 1:12-CV-02735-MHS, concluding the following: “The Court DECLARES that Georgia’s post-judgment garnishment statute, O.C.G.A. Section 18-4-60 et seq., is unconstitutional insofar as it (1) fails to require that judgment debtors be notified that there are certain exemptions under state and federal law which debtor may be entitled to claim with respect to the garnished property; (2) fails to require that judgment debtors be notified of the procedure to claim an exemption; and (3) fails to provide a timely procedure for adjudicating exemption claims.  The Court ENJOINS defendant Alexander from issuing any summons of garnishment pursuant to the existing forms and procedures insofar as they are inconsistent with this decision.” Note that Defendant (Richard) Alexander is the Clerk of the Court of the State Court of Gwinnett County, Georgia.

In summary, there is a new precedent for all garnishments filed in the State of Georgia.

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October 1, 2015

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