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Strickland v. Alexander, Civil Action No. 1:12-CV-02735-MHS (N.D. Ga. Sept. 8, 2015)

Articles Discussing Case:

Georgia Garnishment Ruling Modified by Judge, No Longer Applies to Wages

Jackson Lewis P.C. • October 12, 2015
Revising his September 8 decision that Georgia’s garnishment statute is unconstitutional, U.S. District Judge Marvin H. Shoob has issued an order stating that his ruling does not apply to wage garnishment cases filed against a judgment debtor’s employer. Strickland v. Alexander, No. 1:12-CV-02735-MHS (N.D. Ga. Oct. 5, 2015).

Georgia Wage Garnishments Resume after Revised Order

FordHarrison LLP • October 07, 2015
Executive Summary: Nearly one month after Federal Judge Marvin Shoob, of the United States District Court for the Northern District of Georgia, ruled that Georgia's garnishment law is unconstitutional, on Monday, October 5, 2015, Judge Shoob issued an amended order in which he narrowed his original order and ruled that wage garnishments are permitted in Gwinnett County. Strickland v. Alexander, No. 1:12-CV-02735 (N.D. Ga. Oct. 5th, 2015).

Return to Sender: The Boomerang of Garnishment Checks Back to Georgia Employers

FordHarrison LLP • October 01, 2015
Executive Summary: Across Georgia, employers are opening their mailboxes to discover that courts have returned checks that employers previously submitted to satisfy garnishment actions. This is the result of decisions by many courts across Georgia to stop accepting garnishment checks in light of a decision issued by Judge Marvin Shoob of the United States District Court for the Northern District of Georgia, in which Judge Shoob ruled that Georgia's garnishment law is unconstitutional. Strickland v. Alexander, No. 1:12-CV-02735 (N.D. Ga. Sept. 8, 2015).

Georgia’s Garnishment Law on Shaky Ground

Jackson Lewis P.C. • September 23, 2015
Georgia's garnishment statute is unconstitutional, a federal judge in Atlanta has held in Strickland v. Alexander, No. 1:12-CV-02735-MHS (N.D. Ga. Sept. 8, 2015), putting the future of state garnishment cases in doubt.

U.S. District Court Declares Georgia Wage Garnishment Statute Unconstitutional

Littler Mendelson, P.C. • September 21, 2015
On September 8, 2015, the United States District Court for the Northern District of Georgia entered an Order declaring Georgia’s post-judgment garnishment statue, O.C.G.A. § 18-4-60 et seq., unconstitutional. Strickland v. Alexander, Civil Action No. 1:12-CV-02735-MHS (N.D. Ga. Sept. 8, 2015) (granting plaintiff’s summary judgment motion). The basis for the court’s decision was that the garnishment statute fails to give debtors adequate notice about (1) what types of property may be exempt from garnishment under state and federal law and (2) the procedures for claiming available exemptions. The court also held that the statute violates due process rights because it fails to provide for a “prompt and expeditious” process for resolving exemption claims. As a result of this Order, Gwinnett County courts have been enjoined from issuing any garnishment summons until further notice.