What Creditors Can't Take in Georgia
Money, home and vehicle exemptions that protect your property from creditors in Georgia.
Short answer: No general bank account exemption. Wages held in a bank account can still be protected under the wage limits and the other garnishment exemptions, and a debtor may use the general $5,000 exemption for any property. O.C.G.A. §§ 18-4-15(a), 44-13-1
| Money protected in a bank account | No general bank account exemption. Wages held in a bank account can still be protected under the wage limits and the other garnishment exemptions, and a debtor may use the general $5,000 exemption for any property. The debtor must file a claim to assert these protections. Public mirror (FindLaw). The specific exemptions in § 18-4-6 were not separately read. Source: O.C.G.A. §§ 18-4-15(a), 44-13-1 |
|---|---|
| Homestead exemption | Outside bankruptcy, up to $21,500 in real or personal property that is the debtor's primary residence (otherwise $5,000 in any property). In bankruptcy, up to $21,500 in a residence, or $43,000 if title is in one spouse who is a debtor. Public mirror (FindLaw). § 44-13-100: https://codes.findlaw.com/ga/title-44-property/ga-code-sect-44-13-100/ |
| Vehicle exemption | Up to $5,000 in total in all motor vehicles, under the exemption list that applies in bankruptcy. Outside bankruptcy, a vehicle can be protected only within the general $5,000 exemption for any property. Public mirror (FindLaw). § 44-13-100 states its list applies 'for purposes of bankruptcy'. |
| Bankruptcy exemptions | Georgia has opted out. A debtor domiciled in Georgia may not use the federal exemptions and instead uses the Georgia list in O.C.G.A. § 44-13-100. Public mirror (FindLaw). Source: O.C.G.A. § 44-13-100(a), (b) |
Where to get help in Georgia
More Georgia debt & collections
- Statute of Limitations on Debt in Georgia
- Wage Garnishment in Georgia
- How to Respond to a Debt Collection Lawsuit in Georgia
- All Georgia debt & collections rules
FAQ
How much money in a bank account is protected from creditors in Georgia?
No general bank account exemption. Wages held in a bank account can still be protected under the wage limits and the other garnishment exemptions, and a debtor may use the general $5,000 exemption for any property. The debtor must file a claim to assert these protections.
What is the homestead exemption in Georgia?
Outside bankruptcy, up to $21,500 in real or personal property that is the debtor's primary residence (otherwise $5,000 in any property). In bankruptcy, up to $21,500 in a residence, or $43,000 if title is in one spouse who is a debtor.
Can a creditor take my car in Georgia?
Up to $5,000 in total in all motor vehicles, under the exemption list that applies in bankruptcy. Outside bankruptcy, a vehicle can be protected only within the general $5,000 exemption for any property.
Which bankruptcy exemptions can I use in Georgia?
Georgia has opted out. A debtor domiciled in Georgia may not use the federal exemptions and instead uses the Georgia list in O.C.G.A. § 44-13-100.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.