In a 48-page decision released on Sept. 9, the court in Strickland v. Alexander, (U.S. D. Ct. N. D. Ga. Case Number 1:12-CV-02735-MHS) struck down portions of Georgia’s garnishment statute, O.C.G.A. §18-4-60 et seq., for failure to give judgment debtors sufficient notice of their rights to claim statutory exemptions and for further failing to create a procedure that timely adjudicates any exemption claims.
The decision calls into question the efficacy of thousands of garnishments filed by judgment creditors both past and prospectively. Ruling essentially on a due process basis, the court employed a balancing test of the judgment creditor’s right to a prompt and inexpensive means of obtaining a satisfaction of a debt versus a debtor’s basic need to have minimal resources on which to subsist.
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