By: Staff Reports | Gwinnett Citizen

Georgia's post-judgement garnishment statute declared unconstitutional

On Sept. 8, 2015, a ruling was made in federal court declaring Georgia’s garnishment statute unconstitutional along with the required summons that is issued in each garnishment action.  The injunction regarding the garnishment process was directed to the Gwinnett County Clerk of Court specifically.  

As a result of this order and injunction, no summons will be issued and no disbursements will be issued in pending cases until further order of the court.  

For additional information regarding this ruling, refer to the order of the United States District Court, Northern District of Georgia, Atlanta Division, Tony W. Strickland v. Richard T. Alexander, Clerk of Court of the State Court of Gwinnett County, Georgia, Civil Action No. 1:12-CV-02735-MHS, entered on Sept. 8, 2015.