Monday, 03 October 2011 20:00

Georgia Requires Lawyers for Answering Garnishments

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The Georgia Supreme Court has ratified a decision by the state bar's Standing Committee on the Unauthorized Practice of Law that bans non-lawyers from answering garnishments, unless they are doing so for themselves. Since most garnishments are made against corporations (such as employers and banks) rather than against individuals, this effectively requires hiring a lawyer to answer a garnishment.

Answering a garnishment in Georgia is a fairly simple task, requiring the garnishee (in most cases, the business that is required to withhold wages from a worker) to state how much the worker gets paid, how often he is paid, and what part of the wages, if any, are exempt from garnishment. These are numbers that any bookkeeper or sole proprietor for a small business would have readily available. All a lawyer will do in these cases is fill out a form like the one provided by a Georgia court here (on the second page).

Actually, lawyers will do a second thing for garnishees: send them a bill for their "services." The Georgia garnishment statute allows a garnishee to withhold up to $50 to pay for legal services related to the garnishment, but $50 doesn't cover a lawyer's bill the way it used to in the 1920s. The statute allows garnishees to have a court hearing to ask for higher lawyer's fees, but of course that hearing would also require hiring a lawyer. Whoever pays for the lawyer, it's a waste of resources to pay someone else to fill out such a simple form. However, since engaging in UPL in Georgia is a misdemeanor, any business owner attempting to respond to a garnishment without a lawyer could face a fine of $1,000 or imprisonment for up to a year.

The Georgia Supreme Court and the UPL Committee are ultimately only doing what they are supposed to do in this situation, which is to apply the law as written to facts before them. However, in this case, the law is one that imposes unnecessary costs on small businesses that are already threatened by the economic downturn. The Georgia legislature should change the state's definition of UPL to allow the answering of garnishments without a lawyer.

Read 3494 times Last modified on Tuesday, 15 July 2014 14:22

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