The Georgia Supreme Court recently changed the law by requiring employers to file answers in garnishment matters through an attorney. Though Georgia corporations are required to be represented by an attorney in courts other than magistrate courts, this rule has not typically been followed in answering summons of wage garnishments. Georgia employers often respond to these routine filings through payroll or human resources personnel without reliance on legal counsel. The supreme court’s decision means that employers continuing this practice risk having their answers rejected by the court or challenged by plaintiffs. Equally important, employers who now file in state or superior courts without attorneys will be engaged in the unauthorized practice of law. The ruling is effective immediately.
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