What Property Is Exempt From Creditors in Georgia?

In Georgia, a judgment creditor cannot reach the property listed in O.C.G.A. § 44-13-100, and the key dollar limits are specific to this state: you can protect up to $21,500 of equity in your home or other property used as a residence (the "homestead" exemption), up to $5,000 of equity in one motor vehicle, and up to $5,000 in household goods (with a $300-per-item cap). Georgia has "opted out" of the federal bankruptcy exemption list, so these state figures — not the federal ones — are what control. On top of that, your Social Security, unemployment, veterans' benefits, and most retirement accounts are fully protected, and your wages are shielded by the same 25% cap the federal government sets. Knowing the exact Georgia number for each category, and filing the right claim on time, is what stands between a creditor and your property after a judgment.

Georgia's Core Exemptions and Dollar Limits

Georgia's main exemption statute, O.C.G.A. § 44-13-100, lists the property a creditor cannot seize to satisfy a judgment. Because Georgia opted out of the federal scheme under 11 U.S.C. § 522(d), Georgia residents use this state list both in bankruptcy and (with some overlap) when defending against garnishments and levies. The most-used categories are:

• Homestead (residence): Up to $21,500 of equity in real or personal property you or a dependent use as a home. A married couple filing together can effectively combine their individual exemptions, roughly doubling the protected amount on a jointly owned home.
• Motor vehicle: Up to $5,000 of equity in one vehicle.
• Household goods: Up to $5,000 total in furniture, appliances, clothing, books, animals, crops, and musical instruments, limited to $300 in value per individual item.
• Jewelry: Up to $500.
• Tools of the trade: Up to $1,500 in implements, books, and tools used in your work.
• Wildcard: $1,200 of any property, plus up to $10,000 of any homestead exemption you did not use on a home. This lets renters and people with little home equity protect cash or other assets.
• Health aids: Professionally prescribed health aids are fully exempt.

These figures are set by statute and have been stable for years, but the General Assembly can amend them, so confirm the current amount in the live text of O.C.G.A. § 44-13-100 before you rely on a specific number.

Wages: Georgia Follows the Federal Cap

Unlike a handful of states (such as Texas, North Carolina, and South Carolina) that bar most wage garnishment for ordinary consumer debts, Georgia does allow wage garnishment after a creditor wins a judgment. But the amount a creditor can take is capped. Georgia tracks the federal Consumer Credit Protection Act limit: a creditor may garnish the lesser of 25% of your disposable earnings for that week, or the amount by which your disposable earnings exceed 30 times the federal minimum wage. With the federal minimum wage at $7.25 per hour as of 2026, that protected floor is about $217.50 per week — meaning earnings below that line generally cannot be garnished at all. "Disposable earnings" means what is left after legally required deductions like taxes and Social Security.

Some debts are treated more harshly. Court-ordered child support, alimony, certain taxes, and federal student loans can be collected under higher caps or through administrative garnishment outside the ordinary 25% rule, so the standard limit does not always apply.

Retirement Accounts

Georgia broadly protects retirement savings. O.C.G.A. § 44-13-100 exempts funds in pensions, IRAs, and similar retirement plans to the extent reasonably necessary for the support of you and your dependents. Employer plans governed by the federal ERISA law — most 401(k) and traditional pension plans — carry strong federal anti-alienation protection on top of state law, which generally keeps them out of a creditor's reach entirely. Once retirement money is withdrawn and sitting in a regular checking account, however, it can lose that special status, so the protection is strongest while the funds remain inside the plan.

Public Benefits: Social Security, Unemployment, and More

Government benefits receive some of the strongest protection of all, under both Georgia and federal law. Georgia's exemption statute shields Social Security benefits, unemployment compensation, public assistance, veterans' benefits, disability and illness benefits, and local public-assistance payments. Federal law reinforces this: Section 207 of the Social Security Act (42 U.S.C. § 407) makes Social Security benefits immune from most garnishment and levy.

A federal rule also protects these funds inside your bank account. When Social Security, SSI, VA, or certain other federal benefits arrive by direct deposit, the bank must automatically review the account and protect an amount equal to the last two months of those benefit deposits when it receives a garnishment order. That money stays available to you even while the rest of the account is frozen. Still, you should be ready to file a claim of exemption, because protection is cleaner when benefit funds are kept in a separate account and not mixed with other money.

How to Claim Your Exemptions Against a Garnishment or Levy

Exemptions are not always applied automatically — in many cases you have to assert them, and there are deadlines. Georgia overhauled its garnishment law in Title 18, Chapter 4 of the Code after the old statute was struck down in federal court, and the current process gives debtors a defined way to object.

• Watch for the notice. When a creditor files a garnishment, the court and the garnishee (your bank or employer) are involved, and you are entitled to notice that includes information about claiming exemptions. Read every document; the clock starts when you are served.
• File a claim or traverse. To contest a garnishment or assert that the money or property is exempt, you file a written claim (often called a traverse) with the court that issued the garnishment. State which exemption applies — for example, that the funds are Social Security or wages below the protected floor — and attach proof such as bank statements or benefit award letters.
• Act quickly. Georgia sets short windows to object, and a hearing is typically scheduled after you file. Missing the deadline can let the creditor collect funds that were legally exempt. Because the exact number of days depends on the type of garnishment and current statute, verify the deadline on your paperwork and in Title 18, Chapter 4, rather than assuming.
• Get the money released. If the court agrees the property is exempt, it orders the bank or employer to release the protected funds back to you.

For levies on a bank account, the same principle applies: federally protected benefits should be auto-protected, but for everything else you must affirmatively claim your Georgia exemptions to stop the seizure.

Where to Verify and Get Help

Because dollar limits and deadlines can change, confirm the current rules at the source. The exemption amounts live in O.C.G.A. § 44-13-100, and the garnishment procedures are in O.C.G.A. Title 18, Chapter 4; both are available through the official Georgia Code. For complaints about abusive debt collection or to learn your rights, contact the Georgia Department of Law's Consumer Protection Division, which operates under the Georgia Attorney General's Office. At the federal level, the Fair Debt Collection Practices Act (FDCPA) limits how third-party collectors may contact you, and the Fair Credit Reporting Act (FCRA) governs how a judgment or collection is reported. If a large amount is at stake or a garnishment is already underway, a Georgia consumer-law or bankruptcy attorney, or a local legal-aid office, can help you file the right claim before the deadline passes.

This article is general information about Georgia law, not legal advice for your specific situation.

Official Georgia Sources

This page is based on Georgia law. Limits and deadlines change — verify the current details directly with the official Georgia sources below. This is general legal information, not legal advice.

• Georgia Attorney General's Consumer Protection Division (Department of Law) — official Georgia agency.
• File a Complaint — Georgia Attorney General's Consumer Protection Division
• O.C.G.A. § 10-1-390 et seq. — Georgia Fair Business Practices Act (Official Code of Georgia, hosted by the Consumer Protection Division)

Federal law also applies. Federal laws like the Fair Debt Collection Practices Act and Fair Credit Reporting Act protect you nationwide, on top of Georgia’s own rules.