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My county courts issued a standing order that a garnishment can not be filed without an active judgment what does that mean.

Snellville, GA |

I received a notice from a collector but there is not a judgment for me on my county court records for that collection. What can I do about it is there a way to counter that

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Attorney answers 3


You've misunderstood Gwinnett's standing order. All it means is that when and if a garnishment is filed, the creditor at the point they do it must present a fi fa. That has nothing otherwise to do with a creditor contacting you.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer unless you sign a retainer agreement). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy. State bar rules require that I disclose my name/contact information in any communication (Glen Ashman)


That means they cannot garnish you in that county, unless there is a judgment recorded to another company which debt was purchased by the current collector. However, they may be garnishing you through another county where your bank or employer has a headquarters office.Without telling them anything, write to them and ask for proof they have a judgment against you and what county it is in. If they do not provide this proof, they may be a bunch of crooks. Keep all proof of contact from them, including envelopes, in case you want to sue them later if they violate the FDCPA rules.

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J. Jeffrey Williams

J. Jeffrey Williams


Perhaps I was not clear enough in my answer- as Mr. Ashman says, they must present a valid FiFa, which is a certificate of proof there is a valid judgment against you, granted in the county where the judgment was granted. If there is no Gwinnett County FiFa, they cannot garnish you for a Gwinnett County judgment, but the can sue you with a judgment, and FiFa, from another county, including in Gwinnett.


Also, keep a close eye on your bank account and paycheck (your employer should provide clear information if your check is about to be garnished). I have met several clients who indicate they never received notice of a lawsuit or garnishment from a collector, and then the garnishment suddenly hit.

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