Constangy: Attorneys Must Sign Garnishment Answers, Georgia State Bar Says | Practical Law

Constangy: Attorneys Must Sign Garnishment Answers, Georgia State Bar Says | Practical Law

This Constangy, Brooks and Smith, LLP memorandum discusses the Supreme Court of Georgia's adoption of a state bar advisory opinion on wage garnishments. According to the September 12, 2011 Supreme Court of Georgia opinion, a garnishment is a legal proceeding. Therefore, employers responding to a garnishment order must have a Georgia-barred attorney file a response on its behalf. Non-attorneys who file a response to a garnishment are engaged in the unlicensed practice of law. In addition, employers' answers filed by a non-attorney may be stricken, resulting in a default judgment against them and liability for the total debt.

Constangy: Attorneys Must Sign Garnishment Answers, Georgia State Bar Says

Practical Law Legal Update 4-508-6336 (Approx. 3 pages)

Constangy: Attorneys Must Sign Garnishment Answers, Georgia State Bar Says

by Constangy, Brooks and Smith, LLP
Published on 26 Sep 2011Georgia, United States
This Constangy, Brooks and Smith, LLP memorandum discusses the Supreme Court of Georgia's adoption of a state bar advisory opinion on wage garnishments. According to the September 12, 2011 Supreme Court of Georgia opinion, a garnishment is a legal proceeding. Therefore, employers responding to a garnishment order must have a Georgia-barred attorney file a response on its behalf. Non-attorneys who file a response to a garnishment are engaged in the unlicensed practice of law. In addition, employers' answers filed by a non-attorney may be stricken, resulting in a default judgment against them and liability for the total debt.