On September 8, 2015, Judge Shoob of the Northern District of Georgia ruled that certain areas of Georgia’s garnishment laws were unconstitutional because they provided inadequate due process to debtors with respect to funds exempt from garnishment. Only garnishments of bank accounts are affected, not continuing wage garnishments. Although the ruling was directed to the Clerk of the State Court of Gwinnett County, it leaves the other counties in Georgia in an uncertain position as to their garnishment processes.
Since the ruling, the Council of State Court Judges and Council of Magistrate Court Judges have proposed a uniform rule but there are concerns about such a rule. The Georgia legislature is already planning to have a bill ready when the General Assembly returns in January 2016, but that won’t go into effect until later in 2016, at the earliest. What is a creditor to do until a new law takes effect?
Different counties are addressing the issue in different ways. Some counties have put the garnishment process on hold. Others are requiring proof of notice to the person being garnishment and the institution folding the money that some funds may be exempt, and a hearing is guaranteed if someone challenges the garnishment. And some counties are still conducting business as usual.
It’s a challenging landscape, especially for unrepresented creditors. Kealy Law can help you and your business navigate these obstacles. Please call to find out how!
As Kealy Law, LLC turns one, I have also been sworn in to the Board of the Georgia Association for Women Lawyers as the Chair of Programs. I am very excited about this opportunity to serve with other women I respect. This comes as my 2015 GAWL Leadership Class classmates and I wrap up the classroom component of the Class and begin to go out to serve our community.
L-R Ave Mince-Didier, Michelle West, Victoria Kealy and Carol Allen. Photo by John Disney/Daily Report.
Kealy Law, LLC is also a proud sponsor of the 2015 10U Gresham Park Orioles.
Come out to Gresham Park to catch a game and cheer them on!
I’m looking forward to learning Kealy Law, LLC can help you.
A year ago, I opened the doors at Kealy Law, LLC. I have been proudly small businesses and individuals solve a variety of problems, and I look forward to learning how I can help you, too!
Hi, friends! As many of you may know, November 13, 2014 is Georgia Gives Day. I’d like to ask you all to consider a donation to Atlanta Women for Equality. I sit on the board of this important start-up non-profit, which represents indigent women who have been sexually harassed and discriminated against in the workplace or educational settings. AWE is also working with soldiers who have been sexually abused during military service. Your donation would help tremendously. Donate here. Please let me know if you have any questions or concerns. I’d be happy to tell you more about AWE! Thank you!
As part of their Evil Week, Lifehacker posted What Are Some Things That Are Legal, But People Think Are Illegal?
For example, the First Amendment protects your freedom of speech with respect to the government. And did you know that you can remove the tag on your mattress? There are many more acts or omissions with legal consequences that you might not be aware of. Your attorney is trained to be aware of these things and is your best resource to protect your interests.
We’re here to help you navigate the legal landscape, applying the law to your specific circumstances and making recommendations specific to you. Please call for an appointment.
The EEOC released guidance for employers with pregnant employees today, July 14, 2014. The information outlines protections for in place prohibiting discrimination against pregnant employees, such as the Pregnancy Discrimination Act (PDA), Americans with Disability Act (ADA), and other federal and state laws.
Have questions about pregnancy and discrimination? Please call 404-500-9209.
On the 50th anniversary of the Civil Rights Act of 1964, Representative John Lewis (D-Ga) shared his thoughts on Facebook:
If the Civil Right Act was before the Congress today, it would not pass, it would probably never make it to the floor for a vote. this Congress is too afraid to tackle the big issues, too divided to confront our most pressing challenges, and too weak to move America forward. On this day of all days, I am deeply frustrated that the Congress is being led down a path of indifference.
Do you agree? What do we need to do to revive the spirit of the Act and the Civil Rights Movement?
“Women are increasingly the primary or co-breadwinners of their families. When women make up two-thirds of the nearly 20 million workers who are paid low wages ($10.10 an hour or less), it’s downright worrisome that these low wages are the ones families are relying on.”
This is an important and necessary meeting taking place on June 23, 2014. What issues must they address?
It’s the season for the United States Supreme Court to issue rulings. Today, they took a step toward controlling gun sales. Writing for the majority, Justice Elana Kagan wrote: “No piece of information is more important under federal law than the identity of a gun’s purchaser — the person who acquires a gun as a result of a transaction with a licensed dealer.” The majority upheld the the statutory requirement of providing information about the actual purchase.