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  1. #1
    Join Date
    May 2008
    Posts
    3

    Unhappy Summary Judgment And Garnishment By A Junk Debt Buyer

    My question involves judgment recovery in the State of: Georgia

    I have been served garshishment papers by a junk debt buyer on a summary judgment which was obtained against me in December, 2006 after I failed to successfully defend myself ProSe. Since that time, they have also inflated the amount of the debt by $5,000.00. Two questions:

    1) How did they come up with $5,000.00, and:
    2) What is the legal limit for garnishment in this state?

    Thanks

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Summary Judgment And Garnishment By A Junk Debt Buyer

    The $5,000 probably includes interest.

    These are the assets exempt from seizure after a judgment in Ga.

    Georgia Post-Judgment Asset Exemptions


    Homestead: Real property, including co-op up to $10,000. Unused homestead up to $5,000 may be applied to any property.

    Pensions and Retirement Benefits: ERISA-qualified retirement plans, plans for public employees and non-profits, and Social Security benefits. Other pensions and retirement benefits and annuity payments (including IRA exemptions for conventional, SEP and SIMPLE plans) exempt only to extent needed. Distributions limited to amount necessary for support of debtor and dependents, but undistributed balance is fully protected. Roth IRAs and regular IRAs up to $1,095,000 per person. Warning: A Georgia court has held that protection does not extend to self-funded IRAs.

    Insurance: Annuity and endowment benefits. Disability or health benefits to $250 per month. Fraternal society benefits. Life insurance proceeds if needed for support. Unmatured life insurance dividends, up to $2,000 in dividends, interest or loan value, if debtor or dependent is the insured.

    Personal Property: Burial place. Jewelry to $500. Motor vehicles to $3,500. Personal injury recoveries to $10,000. Wrongful death recoveries. Animals, crops, clothing, books, household goods, musical instruments to $300 per item, $5,000 maximum.

    Tools of Trade: Tools and implements up to $1,500.

    Miscellaneous: Alimony. Support and separate maintenance exempt to extent needed for debtor's or dependents' support.

    Wages: Minimum 75% of earned but unpaid wages for private and federal workers. State employees'/officials' salaries totally exempt from claims relating to liability incurred in scope of government employment while responding to emergency.

    Public Benefits: Workers' compensation. Unemployment compensation. Veteran's benefits. Aid to blind and disabled. Crime victim's compensation. Local public assistance. Old-age assistance. Social Security.

    Wild Card: $600 of any property; and unused portion of homestead exemption.

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