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.
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