EMPLOYER'S CORNER: Employers should be aware of changes in Georgia's garnishment law

Garnishments are one of the day-to-day complexities of any payroll or human resources administrator's day. From monitoring and calculating deductions to filing answers with the court, Georgia's garnishment laws can create headaches for even the most experienced payroll specialist.

Georgia employers may remember that in September of last year, the United States District Court for the Northern District of Georgia entered an order declaring that Georgia's post-judgment garnishment statute was unconstitutional. While the court issued a complex opinion, it appeared that the foundation of their decision was based on the fact that Georgia' garnishment statute failed to give adequate notice to debtors about exemptions from the statute and how debtors could take advantage of those exemptions.

The court's decision resulted in a halt on garnishment actions in Gwinnett County and other courts around the state. It also caused considerable amounts of confusion for employers as to what to do in the wake of this opinion.

Subsequently, the courts then clarified that the order did not apply to wage garnishments filed against a debtor's employer.

The fallout from these decisions of late last year is now appearing to take effect in the Legislature.

It appears that proposed changes to Georgia garnishment laws are on the horizon. Revisions to the state's garnishment law would likely address some the issues raised by the September 2015 decision.

Nevertheless, employers should keep their eyes on any changes to the garnishment law, and revise their procedures as necessary. Should you need assistance with this or any other employment law issue, contact an experienced employment law attorney.

Sarah Phaff is an employment law attorney in Atlanta and Macon at the national labor and employment law firm of Constangy, Brooks, & Smith LLP.

This story was originally published February 2, 2016 at 9:58 PM with the headline "EMPLOYER'S CORNER: Employers should be aware of changes in Georgia's garnishment law ."