Georgia businesses are once again able to answer garnishments through an authorized officer or employee rather than an attorney.
Until last year, a representative of human resources or payroll generally answered garnishment actions on behalf of a business rather than enlisting the help of an attorney. But on September 12, 2011, the Georgia Supreme Court adopted an informal State Bar of Georgia opinion stating that any non-lawyer who answers a garnishment in Georgia is engaged in the unauthorized practice of law.
In response to strong opposition to the opinion, the business community sought support from the Georgia legislature. The Georgia legislature overwhelmingly supported overturning the opinion.
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