Eleventh Circuit Reinstates Court Challenge To Georgia Post-Judgment Garnishment Law

Portions of a Georgia garnishment statute may be unconstitutional, the U.S. Court of Appeals for the Eleventh Circuit said Nov. 20, reversing a district court that said a disabled bank customer lacked standing to challenge the law (Strickland v. Alexander, 11th Cir., 13-cv-15483, 11/20/14).

Tony W. Strickland challenged Georgia’s post-judgment garnishment statute, found at Section 18-4-60 and related sections of the Official Code of Georgia Annotated (O.C.G.A.), after a four-month battle to release funds from a workers compensation settlement in his bank account.

The funds, which are exempt from such actions by law, were frozen after Discover Bank ...