State court judges grappling with how to comply with a federal court order declaring certain garnishment procedures unconstitutional have brought a proposal to the Georgia Supreme Court—while acknowledging they are not of one mind as to whether the proposed fix will work.
The flurry of activity has been prompted by Senior U.S. District Judge Marvin Shoob’s Sept. 8 ruling that said that the state’s post-garnishment statute violated debtors’ due process rights. He later amended his ruling to clarify that it does not apply to continuing wage garnishments filed against a debtor’s employer because such garnishments hadn’t been challenged in the case before him. That case concerned a bank account garnishment, and Shoob’s ruled that the law is unconstitutional when applied in those matters.
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