Attorneys Must Sign Garnishment Answers, Georgia State Bar Says

Constangy, Brooks, Smith & Prophete, LLP
Contact

Garnishments against employees place a greater burden on payroll personnel, but are generally something that most employers have learned to manage. You do the calculations, make the withholding, and then send the money and the garnishment answer to the court. Yet companies with Georgia employees now have an additional hurdle when responding to garnishment actions – working with attorneys.

Every individual has the right to represent himself or herself in court. Yet corporations, limited liability companies, and the like are not individuals; they are artificial entities created under state law. Thus, while corporations act through individuals, no one individual can embody the corporation. As a result, corporations appearing in superior and state courts in Georgia must be represented by an attorney (although they may be represented in magistrate court by their non-attorney officers or managers). Although this requirement has existed for many years, it has generally not been applied in the context of garnishments.

Please see full publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Constangy, Brooks, Smith & Prophete, LLP | Attorney Advertising

Written by:

Constangy, Brooks, Smith & Prophete, LLP
Contact
more
less

Constangy, Brooks, Smith & Prophete, LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide