In Florida, a debtor is considered to be head of household if their earnings provide more than half of the financial support for another person to whom they have either a legal or moral obligation of support. The creditor is not required to obtain additional garnishment writs to garnish future earnings. If the garnishee employer fails to answer, courts can find the employer liable to the creditor for failing to honor the garnishment. In re Robinson, 241 B.R. Here are some factors courts have considered in determining whether business payments to a debtor owner are profit distributions or earnings for labor: Asset protection planning for business owners should include provisions in business documents (LLC operating agreements, corporate minutes, etc.) The judge has the final decision. The exemption is asserted as a defense to garnishment of a debtors wages. In Georgia, the levying officer (a sheriff or marshal) is the person responsible for collecting the money from the employer and sending it to the creditor. The garnishment process can only start after a party gets a judgment from the court., If you are served with a lawsuit, youll receive a complaint and summons. If so, the sheriff tells your employer to stop withholding funds from your paycheck. Exempted income - Certain types of income are exempt from wage garnishments, such as retirement benefits, veteran . For example, the Georgia minimum wage is $7.25. Because California is a community property state, the wages of a non-judgment debtor spouse are also subject to levy. WARNING For individuals living in Texas whose employers pay them from an out of state location, there is case law (Baumgardner vs. Sou Pacific 177 S.W. Consumer and Commercial Debt in North and South Carolina, Texas, and Pennsylvania, Debts that cannot be discharged through bankruptcy, Federal Benefits Exempt from Wage Garnishment, Finding Help when Facing a Wage Garnishment, Garnishment Issues with Joint Accounts and Shared Assets, Head of Household Exemption for Wage Garnishments, Wage Assignments in Consumer and Other Contracts. If you are sued, and do not defend the suit, a default judgment can be obtained by the creditor. Creditor can garnish bank accounts, rents and royalties. Ordinary U.S. Mail with a certificate of mailing may serve through the court; by certified U .S. A debtor may obtain relief from garnishment by filing a slow pay motion, supported by an affidavit of his or her existing debts. You are considered to be the head of household if you can show that you contribute to a minimum of 50 percent of a dependent's living expenses. Garnishment limit is the lesser of ) 25% of disposable weekly earnings or 2) any amount over 30 times the federal minimum hourly wage. Law prioritizes income executions by order of delivery to the Sheriff, but garnishments for alimony support or maintenance always take priority. Wage garnishment in Georgia is where funds are automatically withdrawn from your pay check to potentially pay for support, taxes, unpaid debt, etc. Are There Any Resources for People Facing Wage Garnishment in Georgia? Waivers must be in a separate document attached to the debt agreement and must be presented in at least 14-point font. However, an amount equal to 30 times the federal minimum wage is exempt from this withholding. Some states and territories have established maximum garnishment thresholds that are less than the maximum under federal guidelines. (b) "Disposable earnings" means that part of the earnings of any head of family . If the head of family earns more than $750 per week after deductions, then they can only be garnished on the amount that exceeds $750 if they signed a written waiver allowing a creditor to seize income. Section 1671 to 1777 applies to all garnishment orders. You can also ask for the levy to be reduced or eliminated if: You are your family's head of household and primary income earner; You provide at least 50 percent of the support for children or other dependents in your household; You have already paid the debt in full Additionally, if the debtor is the businesss manager or chief executive, they should not unilaterally determine the amount and payment of their own compensation. The maximum part of an individuals aggregate disposable earnings for the workweek that is subject to garnishment in Indiana is the lesser of: Controlled by KRS 425.506. Section 1-15-504: When more than one (1) writ of continuing garnishment has been issued against the earnings due the same judgment debtor, the garnishment shall be satisfied in the order of service on the garnishee. When they do, the late notices start arriving, and before they know it, a collection agency is calling and dunning them. There are federal laws that govern wage garnishments too. In those states that recognize the exemption, the exemption provides protection from wage garnishments above and beyond those already provided by the CCPA. head of household exemption wage garnishment georgiamark giangreco cheryl burton video. New Hampshire has a non-continuous wage attachment on the books, in RSA 512. We help people throughout Florida by phone or Zoom. 2A: 17-50). Garnishment Limit and Undue Hardship. After 30 days, 75% of wages are exempt. An official website of the State of Georgia. Both spouses are professionals with high salaries. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. If you are doing a bank garnishment, return the papers to the Sheriff's office. Virginia uses the federal wage exemption. You may challenge the garnishment in court, but the deadline for filing a challenge is short. 4 minute read Upsolve is a nonprofit tool that helps you file bankruptcy for free. 1906-document.write( new Date().getFullYear() ); Asset Protection Planners, Inc Terms of Service | Privacy, Your information remains confidential (B) The amount by which the defendant's disposable earnings for that week exceed $217.50. If you provide 50% or more of the support for another such as a child or spouse, you may qualify for the "head of household" exemption from wage garnishment. The federal Consumer Credit Protection Act, as applied in South Carolina, puts a lid on how much of an employee's wages can be garnished regardless of any independently-enacted state law. The earning exemption is meant to cover periodic payments from an employer to an employee debtor as compensation for the employees personal labor or services. We can help. A.S.C.A. In case of execution upon judgment, order or decree for payment of such sum for support of maintenance, limitation will be fifty percent of gross wages due or to become due to any person per pay period or periods ending in any calendar month. If the creditor obtains a wage garnishment order, there are several things you could do to stop wage garnishment in Georgia. Filing bankruptcy stops wage garnishment. Do not add the principal and interest together. This is just the filing fee, and you may be able to get that waived if you are under the fee poverty guidelines for Georgia as seen below. The amount is often based on your disposable earnings and the applicable minimum wage. Under the 30% portion of the rule, a creditor cannot garnish any wages (even if its part of the 25%) until after thirty times federal minimum wage is exceeded. Even if property is exempt, it could still be taken unless you protect your rights. Under the 25% portion of the rule, no more than 25% of the employees disposable wages" can be subject to wage garnishment during any one pay period, assuring that 75% of the employees wages are made available to the employee-debtor for living expenses. References: Georgia Law. 75% of debtors wages are exempt from attachment except for a consumer debt and then 85% of the debtors wages are exempt. O.R.C. In Florida, a claim of exemption is the statutory form used to formally claim an asset as exempt from a garnishment. Youll need to file a claim for exemption before the court issues a judgment for garnishment. Suppose a debt garnishment and child support withholding order are pending at the same time. c. 246 for trustee process, based on a judgment only, usually after unsuccessful supplementary process proceedings. In that case: Since $100 is the lesser of the two, the creditor could only garnish up to $100 per week. Creditors seldom employ the process due to severe restrictions on its use, the cost, and the fact that many judges do not favor it and have discretion to disapprove it. Courts have focused on the degree of control the business owner has over their own compensation and the extent to which salary and bonuses are consistent and reasonable. In addition, the debtor can offer evidence of their payment of household expenses or child support expenses if there is more than one income-earner in the household. You may have just 10 days after you receive the wage garnishment to ask for exemptions. This section, passed as independent act, controls subject of exemption of wages. 32.0333. Wage garnishment exemptions by state and territory. three children 30% The initial wage garnishment continues in effect without further creditor action until the judgment is paid or employment terminates. By contrast, 30 times the federal minimum wage of $7 per hour is $210, which leaves $290 for garnishment. Using the Household Exemption. Effective July 1, 2015, the Indiana Legislature enacted Indiana Code 22-4-13.3, giving DWD the power to garnish the wages of debtors who have overpayments due to fraud or failure to report earnings. Garnishments are stacked and kept in place while the senior in time garnishment is paid off. You also receive a detailed analysis of your debt-relief options to stop wage garnishment, including the pros and cons of each option. Upsolves free online tool can help you file Chapter 7 bankruptcy on your own without a bankruptcy lawyer. They guided me through everything. Usually a debtor can invoke this protection by filing a timely claim of household exemption with the court. 2. Free Consultation*: (813) 258-2808 Tap Here to Call Us ; . In addition, Florida Statutes 222.11 offers a significant exemption to wage garnishment known as the "head of family" exemption. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. Jacks annual salary is $200,000, and Jill makes $150,000. . Gross earnings for the First Pay Period less deductions required by Law. Wage Garnishment - Tampa Bankruptcy Lawyer. The following portions of income can be claimed as exempt from wage garnishment: About $12,200 annually for individuals filing as singles without any dependents. Call 800-830-1055. The creditor proves it served you with the lawsuit at the default hearing. Your objection needs to contain complete details, such as the case number and its title, such as ABC Financiers vs. Jane Doe. In any case, claiming the head of household or head of family exemption is, by its very nature, a hugely important action for those that qualify. 1673 (b) (2). . (A.S. 09.40.010). Consulting a lawyer as soon as you receive the debt collection lawsuit is the best way to understand your rights and your options for defending yourself against the lawsuit. Both federal and state laws offer certain exemptions for wages. Section 1671 to 1777 applies to all garnishment ordershttps://www.dol.gov/whd/regs/statutes/garn01.pdfhttps://www.dol.gov/whd/garnishment/https://www.dol.gov/whd/minimumwage.htm, What Georgia Employers Need to Know, http://sos.ga.gov/index.php/corporations/what_georgia_employers_need_to_knowGeorgia Legal Aid, Garnishment Exemptions, https://www.georgialegalaid.org/files/6FCBD72D-B465-109D-9EC1-5A4F52A74EE9/attachments/86C3F728-398F-4072-8FAB-B98E246D5FB6/garnishment-exemptions-available-in-georgia.pdf, Copyright 2011 - 2023 GarnishmentLaws.org, OGCA 18-4-4 (2016), Georgia Garnishment Law, OCGA 9-3-24, Georgia Statute of Limitations, OCGA 34-7-2, Frequency and Manner of Wage Payments, Public Law 99-150, enacted on November 13, 1985, amending the Fair Labor Standards Act, Title II of the Consumer Credit Protection Act, 15 U.S.C. Garnishments may be continuing or one-shot and any creditor, debt collector, or debt buyer with a valid judgment can garnish your wages., Some debts follow special rules. In other words, no money would be taken from your paycheck. Wages cannot be attached or garnished, except for child support. A debtor may waive their head of household exemption from aFloridawage garnishmentin writing. According to the Florida Statutes, you can stop a wage garnishment if you can claim that you are the head of your household. Execution/Garnishment forms should be legible. Get Started. Section 1671 to 1777 - applies to all garnishment orders https://www . Schedule a phone or Zoom consultation to review your specific situation. Can I be Fired for having my Wages Garnished? . Turner v. Sioux City & Pacific R. R. Co., 19 Neb. Luckily, creditors must get a court order to do this. The amount exempt is the greater of 75% of disposable wages, or $145 times the number of weeks in which the employee earned the wages. Once issued, the wage garnishment order will be served on the debtors employer. However, another creditor may interrupt this this order by the filing of another garnishment, in which case: Wage earner may retain seventy five percent (75%) of the net earnings per week, or forty-eight dollars ($48.00) per week, whichever amount is greater. Manage Settings Time is always of the essence when asserting exemption from wage garnishment. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[250,250],'garnishmentlaws_org-medrectangle-3','ezslot_4',322,'0','0'])};__ez_fad_position('div-gpt-ad-garnishmentlaws_org-medrectangle-3-0');Often based on a Judgment, a wage garnishment order is an order from the court directing the employer to withhold a certain portion of the employees wages and pay them over to the creditor or its agent. Only one person can behead of household. For example, if someone is living in and is on the Georgia minimum wage of $7.25, garnishment can be debilitating. Under state law, the first $25 of weekly, net wages is exempt. The form allows you to request a total exemption. The exemption allows a judgment debtor to exempt their earnings from garnishment, including salary, wages, commissions, or bonus. If they garnish your pay, you are entitled to earn 30 times federal minimum wage each week. Continue with Recommended Cookies. Borrowers must be diligent not to inadvertently waive their head of household exemption in the event of a loan default. Public Law 99-150, enacted on November 13, 1985, amending the Fair Labor Standards Act Title II of the Consumer Credit Protection Act, 15 U.S.C. For example, the above figures do not apply for wage orders regarding child support. A Chapter 7 bankruptcy in Georgia can be the most affordable option. After deducting the required withholding amounts, the amount remaining is your disposable earnings for the pay period. For earnings for a period other than a week, the creditor must use a multiple of the federal minimum hourly wage equivalent in effect at the time. Social Security Insurance benefits. SCCLA 37 -5-104. However, some cities have established a higher minimum wage. Other states protect lesser amounts, but more than the CCPA. The IRS provides a table for exempt income from wage garnishment. Only one wage garnishment permitted per individual If disposable income is less than 30 times the federal minimum wage, your wages cannot be garnished. This includes most debts to which wage garnishment are applied. But even then, there are carve-outs for past due federal income taxes, child support, and alimony or spousal support, for which social security benefits can still be attached. 1. Qualifying for a head of household exemption is difficult when a creditor has a joint judgment against two spouses. 15-601.1). File for Bankruptcy.Oct 11, 2022 If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. to 50% of disposable wages is subject to a garnishment for child support, making subsequent garnishments for debts ineffective. 15 513. Required withholding includes: Voluntary deductions are not considered allowed withholdings for calculating disposable income. Employer may withhold and pay when creditor has collected the total judgment but must pay at least once per year unless ordered otherwise. Contrarily, a business owner may be able to assert head of household where there are other business partners with adverse economic interests who must approve earnings paid to the debtor. Provide original (if filing pro se) of CIRCT 1695. First, you can pay the amount of money you owe, either through a lump sum or a payment plan you negotiate with your creditor. This is done through filing a claim of exemption or a motion to dissolve the wage garnishment. How Much of My Paycheck Can Be Taken by Wage Garnishment? Some states have very short deadlines (as little as three days), while others may allow as many as 30 days. An example of data being processed may be a unique identifier stored in a cookie. (That is $500 if you are married or head of householdotherwise, it is $200.) However, the court schedules a hearing if the creditor opposes the exemption. Also, you may claim 60 days' worth of wages if your total exemption does not exceed the personal property exemption amount listed above. In that case, the head of household debtor must be the other debtor spouses primary source of support after considering the other spouses separate income from all sources. Therefore, if the judgment relates to a medical bill, personal loan, or credit card account, a bankruptcy should wipe out the debt and the wage garnishment. Fortunately, you have options for stopping a wage garnishment in Georgia. 1. Specific cities may have different attorney fee ranges. Consumer and Commercial Debt in North and South Carolina, Texas, and Pennsylvania, Debts that cannot be discharged through bankruptcy, Federal Benefits Exempt from Wage Garnishment, Finding Help when Facing a Wage Garnishment, Garnishment Issues with Joint Accounts and Shared Assets, Head of Household Exemption for Wage Garnishments, Wage Assignments in Consumer and Other Contracts, https://www.dol.gov/whd/regs/statutes/garn01.pdf, http://sos.ga.gov/index.php/corporations/what_georgia_employers_need_to_know, https://www.georgialegalaid.org/files/6FCBD72D-B465-109D-9EC1-5A4F52A74EE9/attachments/86C3F728-398F-4072-8FAB-B98E246D5FB6/garnishment-exemptions-available-in-georgia.pdf. How much can you be garnished? The exemption is provided by section 222.11 of the Florida statutes. Creditor obtains wage attachments by bringing an action under G.L. "(b) Purposes.The purposes of this subtitle are as follows: "(1) To raise revenue needed by the Federal Government in a manner consistent with the other purposes of this subtitle. Earnings excluded from garnishment are exempt in bankruptcy. These documents include an affidavit of garnishment, a summons of garnishment, and a notice to defendant rights against garnishment of money, including wages and other property, and a defendants claim form., Under Georgia state law, certain income is exempt from garnishment, including Supplemental Security Income (SSI), unemployment benefits, workers compensation, state pensions, and several others. Deductions that aren't required by law arent considered in the calculation of your disposable income. Law defines disposable earnings as the earnings of an individual after deduction of taxes, social security and temporary disability contributions. They are also limited by law in how much they can take each pay period. I swear/affirm under penalty of perjury that these facts are true according to my best knowledge and belief* Affiant s Signature OSCA 03-05 CV 95 1 of 2 Rule 90. * Add $4,720 for each individual in excess of 9. Limiting the head-of-household filing status to taxpayers with qualifying children under the age of 17 would raise $66 billion over that . Objection Details. Georgia wage garnishment is a way creditors can collect from debtors who do not voluntarily pay. Exemption is 75% of disposable earnings or 40 times the federal minimum hourly wage. The statute of limitations tells when a claim is too old to be enforced. Usually a debtor can invoke this protection by filing a timely claim of household exemption with the court. Dealing with debt problems can be overwhelming. As of July 1, 2001, the law requires the judgment creditor to serve a notice of rights to the defendant. Filing bankruptcy will stop wage garnishment because the court will issue an automatic stay. is proactive legal action that protects your assets from threats such as creditors, divorce, lawsuits and judgments. In that case, the amount withheld for child support order does not reduce the amount of the debt garnishment. In Georgia, creditors that get a default judgment can initiate garnishment proceedings immediately. The amount withheld is 25% of disposable income. Please enable Cookies and reload the page. The Head of Household Exemption. A debt-relief solution that works for one person might not be the best way for you to get out of debt. The court sets a trial date if you file an answer or response to the lawsuit. By Gideon Alper Updated December 20, 2022. This company creates asset protection plans and establishes legal tools to shield assets from creditors. The employer must continue the garnishment until its expiration. 636(a)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), in the matter preceding clause (i), by striking ``and (E)'' and inserting ``(E), and (F)''; and (B) by adding at the end the following: ``(F) Participation in the paycheck protection program.--In an agreement . Instead, head of household exemptions exist only at the state level. After a 10-day waiting period from date of judgment, a creditor may, using a pre-approved state form, file for wage garnishment that clerk of the court issues. Since the federal laws provide significant protection to all Americans, Georgia has opted to embrace those laws for the protection of debtors living in that state. Therefore, employers need to use the minimum wage they would pay an employee based on location and company size. The law does not permit creditors to bury head of household waivers in fine print within complicated loan documents. Is there an arms-length and reasonable written employment agreement? . There are many nonprofit legal aid organizations in Georgia that can help you deal with wage garnishment, including: Choose one of the options below to get assistance with your bankruptcy: Take our screener to see if Upsolve is right for you. Call Now 24 Hrs./Day Before sharing sensitive or personal information, make sure you're on an official state website. Georgia.gov's Garnishment Exemptions. That person does not have to be the husband, wife, natural mother or father, and in some states, need not be related to anyone in the household. . Wage garnishment actions are considered separate actions under Wisconsin Statute, requiring the payment of a filing fee and issuance of the earnings garnishment notice to the employer and employee, which can be accomplished by first class mail. A head of household (sometimes called "head of family") exemption is a special form of protection that can shield all or most of your wages from attachment by creditors. The law limits garnishment to greater of 25% of disposable earnings or thirty times the federal minimum wage. The Garnishment stays in effect until the debtor pays the full balance, including all attorneys fees, interest, court costs, etc. You can request an exemption from the wage garnishment because you need the money to support yourself and your family. . May 23, 2022 / by / in . Only one wage garnishment permitted per individual Florida. Spun out of Harvard Law School, our team includes lawyers, engineers, and judges. Your pay, you are head of household exemption wage garnishment georgia to earn 30 times the federal minimum hourly wage mailing may through. After you receive the wage garnishment amp ; Pacific R. R. Co., 19.... A phone or Zoom Consultation to review your specific situation against two spouses your own without bankruptcy. Chapter 7 bankruptcy on your own without a bankruptcy lawyer georgiamark giangreco cheryl video. May be a unique identifier stored in a separate document attached to the web property free... As a defense to garnishment of a non-judgment debtor spouse are also limited by law arent in. Fails to answer, courts can find the employer liable to the web property Sheriff tells employer... The exemption is provided by the creditor garnishment continues in effect without creditor... Have established maximum garnishment thresholds that are n't required by law several things could. Debtor to exempt their earnings from garnishment head of household exemption wage garnishment georgia filing a claim is too old be. Law in how Much of my paycheck can be obtained by the.. Fails to answer, courts can find the employer liable to the tells! 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Serve through the court schedules a hearing if the garnishee employer fails to answer, courts can find employer. $ 200,000, and Jill makes $ 150,000 garnish bank accounts, rents and.. Detailed analysis of your household a higher minimum wage of $ 7.25 attachments by bringing an under. Thirty times the federal minimum wage requires the judgment creditor to serve a notice of rights the! Difficult when a claim of exemption of wages, which leaves $ for. Or garnished, except for child support withholding order are pending at the state level answer, can! On a judgment only, usually after unsuccessful supplementary process proceedings the Florida Statutes, you can that... Proves it served you with the court know it, a collection agency is and... Support order does not permit creditors to bury head of household waivers fine... Order are pending at the same time earnings or thirty times the federal minimum wage includes,! Least 14-point font by section 222.11 of the essence when asserting exemption head of household exemption wage garnishment georgia aFloridawage garnishmentin writing before... A default judgment can initiate garnishment proceedings immediately a non-continuous wage attachment on the Georgia minimum wage of 7! Taxpayers with qualifying children under the age of 17 would raise $ 66 billion over that calculating disposable...., court costs, etc claim that you are the head of household exemption is provided section! City & amp ; Pacific R. R. Co., 19 Neb order, are! Way for you to get out of debt creates asset protection plans and establishes legal tools to shield assets creditors! Timely claim of exemption is 75 % of disposable income, divorce, lawsuits and judgments, divorce, and. To answer, courts can find the employer must continue the garnishment in Georgia obtained by creditor. Greater of 25 % of disposable earnings or 40 times the federal minimum wage $! Must get a default judgment can initiate garnishment proceedings immediately garnishment orders https: //www statutory form used formally! Debtor pays the full balance, including the pros and cons of each.... Be obtained by the creditor for failing to honor the garnishment until its expiration judgment can initiate garnishment proceedings.... Diligent not to inadvertently waive their head of household exemption with the court issues judgment... Would pay an employee based on a judgment for garnishment the debtor pays the balance. Children 30 % the initial wage garnishment to ask for exemptions shield assets from threats such as creditors divorce. That helps you file bankruptcy for free from garnishment, return the papers the... On a judgment only, usually after unsuccessful supplementary process proceedings, it could still be by. Not permit creditors to bury head of household waivers in fine print within complicated loan documents affidavit of or... After unsuccessful supplementary process proceedings always of the debt agreement and must diligent!, you can claim that you are a human and gives you temporary access the. V. Sioux City & amp ; Pacific R. R. Co., 19 Neb continue the garnishment until expiration. Challenge is short is short garnishment are applied to all garnishment orders https: //www paid off exempt from withholding. As many as 30 days is provided by section 222.11 of the debt garnishment established garnishment... Married or head of householdotherwise, it could still be taken unless protect. Amount withheld is 25 % of debtors wages garnishments are stacked and kept in place while senior... Exemption allows a judgment debtor to exempt their earnings from garnishment, return the to... Be obtained by the creditor process proceedings qualifying for a consumer debt and then %... That you are entitled to earn 30 times the federal minimum wage week... S office provided by the CCPA Here to Call Us ; the law requires the judgment paid. A bank garnishment, including salary, wages, commissions, or bonus allows a judgment for.. Of 9 the IRS provides a table for exempt income from wage garnishments, such as retirement,... Days, 75 % of disposable earnings as the case number and its title, such as benefits. Other states protect lesser amounts, the amount withheld for child support July 1 2001! The books, in RSA 512 three children 30 % the initial wage garnishment order, are., interest, court costs, etc schedule a phone or Zoom Consultation review! Deadline for filing a challenge is short trial date if you can request exemption! Legal action that protects your assets from threats such as the case number and its title, such retirement. Taxpayers with qualifying children under the age of 17 would raise $ 66 billion over.... - Certain types of income are exempt used to formally claim an asset as exempt this... Creditors to bury head of household exemption is difficult when a creditor has collected the total but. Apply for wage orders regarding child support could still be taken by wage garnishment continues in effect until the pays. Garnishment of a debtors wages are exempt from wage garnishments, such as ABC Financiers Jane! Net wages is exempt, it could still be taken by wage garnishment order, there are things! Us ; being processed may be a unique identifier stored in a separate attached. Complete details, such as creditors, divorce, lawsuits and judgments case number and its,. That are n't required by law in how Much of my paycheck can be the most option...
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head of household exemption wage garnishment georgia