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OT/ Garnishments in GA and Unlawful Practice of Law

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st-kitts

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What is the name of your state (only U.S. law)? Georgia

Worth knowing for anyone that does payroll.

UPL Advisory Opinion No. 2010-1

Issued by the Standing Committee on the Unlicensed Practice of Law on June 4, 2010. Approved by the Supreme Court of Georgia on September 12, 2011.

QUESTION PRESENTED
Assuming no traverse has been filed by any party in a garnishment action, is the completion, execution and filing of an answer in the garnishment action by a non-attorney employee of the garnishee considered the unlicensed practice of law?

SUMMARY ANSWER
A nonlawyer who answers for a garnishee other than himself in a legal proceeding pending with a Georgia court of record is engaged in the unlicensed practice of law.


Since the chamber of commerce has been in full opposition of this and the ruling suggested businesses might seek a redress through GA legislation, this may change, but not until 2012.

Good info to know if you do payroll in any state since at any point in time you might get a garnishment from GA and the (new) way GA garnishments must be handled takes effect immediately.
 



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