Television news, newspapers and law firm websites are ablaze with the news that on September 8th, a Federal Judge for the Northern District of Georgia held the process for obtaining a garnishment carried out by Gwinnett County under the Georgia garnishment statute was unconstitutional because it violates the due process rights of debtors. The news stories create the impression that a creditor will no longer be able to collect a debt after obtaining a judgment.
We have contacted lawyers, judges and state legislators. All of them are uncertain as to exactly what the order means. It is simply too soon to tell. That will emerge as the dust settles. Until that happens, it is unclear if any creditor has the right to file a garnishment. The prevailing opinion is a creditor/creditor’s attorney is at significant risk of violating the law. Accordingly, WNCW will place on hold the filing of garnishments.