Wage Garnishment Attorney in Alpharetta

Consumer Bankruptcy Defense for Alpharetta Residents Facing Garnishment

A wage garnishment order means your employer is already sending part of your paycheck directly to a creditor. Every pay period it runs, that money is gone. At Law Office of Danielle J. Eliot, P.C., we handle consumer bankruptcy exclusively for residents throughout Alpharetta and North Fulton County, and stopping wage garnishments is central to what we do. You can start the process over the phone with no upfront costs, and free consultations are available by phone as well.

Don’t lose another paycheck to a garnishment order. Call (770) 343-7570 today to speak with our team and find out how quickly we may be able to stop it.

How Bankruptcy Stops Wage Garnishment

Filing a bankruptcy petition triggers the federal automatic stay, a legal mechanism that immediately halts all creditor collection actions the moment the petition is filed. No hearing. No waiting period. The automatic stay applies whether you file Chapter 7 or Chapter 13, and it covers garnishment orders already in effect.

Once the petition is filed, we notify the creditor and the applicable court. We handle the Notice of Bankruptcy Filing with the court where the garnishment action is pending. Creditors who continue withholding wages after the stay is in place are in violation of federal bankruptcy law. Additionally, if more than $600 was garnished within 90 days before your filing date, you may be able to recover that money through the bankruptcy proceeding under federal preference rules.

Wage Garnishment Rules in Fulton County

Alpharetta sits in Fulton County, so garnishment orders for residents here are processed through Fulton County courts. Smaller judgment creditors typically use the Fulton County Magistrate Court for judgments of $15,000 or less, and a continuing wage garnishment order issued through that court is valid for 195 days from the date of service.

Georgia law limits how much a creditor can take. Under O.C.G.A. 18-4, a creditor may garnish only the lesser of 25% of weekly disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum wage. In practical terms, the first $217.50 of weekly disposable income is protected. Disposable earnings are what remains after mandatory deductions such as federal and state taxes and Social Security withholding.

Certain income is fully exempt from garnishment under Georgia law, including:

• Social Security benefits
• Unemployment compensation
• Workers’ compensation payments
• State pension income
• Supplemental Security Income

Chapter 7 vs. Chapter 13 for Alpharetta Residents

Both bankruptcy chapters stop garnishment through the automatic stay, but they handle the underlying debt differently. We assess each client’s financial situation to determine which path fits before any filing is made.

Chapter 7 Bankruptcy
Chapter 7 bankruptcy is suited for clients with limited income. It can stop the garnishment immediately and may discharge eligible unsecured debts such as credit card balances and medical bills, which may eliminate the debt that led to the garnishment. To qualify, a debtor must pass a means test comparing income to Georgia median income levels.

Chapter 13 Bankruptcy
Chapter 13 bankruptcy stops the garnishment through the automatic stay and restructures debt into a court-approved repayment plan spanning several years. This path works well for debts that aren’t dischargeable under Chapter 7, such as certain tax obligations, allowing you to repay on terms that may better fit your monthly budget.

Some debts, including domestic support obligations and most student loans, can’t be discharged through bankruptcy. Chapter 13 can still provide meaningful relief by pausing collection while you repay under structured terms.

Why Alpharetta Residents Work with Law Office of Danielle J. Eliot, P.C.

We handle consumer bankruptcy cases only. We’re not a multi-practice shop where bankruptcy is one department among many. That focused approach means the attorney handling your garnishment case isn’t dividing attention across unrelated matters, and our knowledge of the garnishment process runs deep because it’s part of many cases we handle.

Clients work directly with our team throughout their case rather than being routed through a high-volume intake system. In garnishment situations, that matters: every paycheck processed under an active garnishment order is money you may not get back. We’re BBB-accredited, and we’ve built our intake process to remove the barriers that slow people down. You can consult by phone and file without upfront costs, so the process can begin once you’re ready to move forward.

Get Your Alpharetta Wage Garnishment Consultation Today

If your wages are being garnished or you’ve received notice that garnishment is coming, acting before the next paycheck is processed puts more options on the table. Call (770) 343-7570 or contact us online to schedule your consultation and start the process today.