Garnishments decline more than 10 percent in 2015

New law clarifies confusing aspects of state process.

The number of garnishments filed statewide fell in 2015.

According to the Administrative Office of the Courts, the number of garnishments filed in Georgia in 2015 was down 11 percent from 2014. Numbers for 2016 will not be available until late this year.

In Gwinnett County, garnishments were down nearly 22 percent. More garnishments have been filed in Gwinnett than in any other county in the state since at least 2007.

In September 2015, a federal judge declared t1he state law unconstitutional and halted most garnishments in Gwinnett County.

The judge’s moratorium on most garnishments limited the number that were filed in Gwinnett between mid-September 2015 and mid-May 2016, when the new law went into effect. Some other counties temporarily restricted garnishment filings, as well.

That move temporarily kept businesses from getting the money they were owed, but ensured that people who owed debts would not have money taken that was restricted from garnishment.

A new law, which went into effect last year, fixes a number of issues with the old law: the original version didn’t require creditors to tell debtors that some money — like Social Security benefits, welfare payments and workers’ compensation — is off-limits to garnishments.

It clarifies what money in accounts is exempt and explains how quickly it can be recovered if it is taken improperly. It describes what a debtor should do if exempt money has been taken and explains the redress debtors would have. It specifies that a hearing should be held no more than 10 days after a claim is filed. And the law requires debtors to be notified about what money can’t be taken and what appeals are available.

It also requires prompt hearings when the court receives a claim of improper garnishment and a quick return of improperly taken funds.