Georgia § 18-4-6 - Exemption from garnishment.

§ 18-4-6. Exemption from garnishment.

Certain earnings or property of the defendant may be exempt from the process of garnishment. Funds or benefits from an individual retirement account or from a pension or retirement program shall be exempt from the process of garnishment until paid or otherwise distributed to a member of such program or beneficiary thereof. Such funds or benefits, when paid or otherwise distributed to such member or beneficiary, shall be exempt from the process of garnishment only to the extent of the limitations provided in Code Section 18-4-5 for other disposable earnings, unless a greater exemption is otherwise provided by law. Funds in an unfunded plan maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees shall not be exempt from the process of garnishment. Exempt property shall not be considered disposable earnings for purposes of Code Section 18-4-5 or subsection (b) of Code Section 18-4-53. Not later than May 22, 2016, the Attorney General shall create and maintain on the Department of Law's website a list of exemptions that a defendant may be allowed by law to claim in relation to a garnishment of his or her earnings or property. The Attorney General shall revise such list when exemptions are repealed, revised, or created by law. The Attorney General shall transmit a copy of such list to each clerk of court in this state who issues summonses of garnishment and transmit a revised list when a change is made to such list. Each clerk of court in this state who issues summonses of garnishment shall post and update such list of exemptions as promulgated by the Attorney General and shall provide such list to individuals upon request. A defendant may claim an exemption as provided in Code Section 18-4-15. The fact that an exemption is not identified by the Attorney General shall not preclude a defendant from claiming an exemption. (Code 1981, § 18-4-6 , enacted by Ga. L. 2016, p. 8, § 1/SB 255.) Code Commission notes. - Pursuant to Code Section 28-9-5, in 2016, "May 22, 2016" was substituted for "ten days after the effective date of this Code section" in the first sentence of subsection (b). Law reviews. - For article, "Retirement Benefits: Protection from Creditors' Claims," see 24 Ga. St. B.J. 118 (1988). For note reviewing Georgia's new garnishment procedures, see 17 Ga. St. B.J. 140 (1981). For note on 1990 amendment of this Code section, see 7 Ga. St. U. L. Rev. 265 (1990).