A federal judge has halted garnishments in Gwinnett County, ruling that the state law that governs the process is unconstitutional.

The law is flawed, in part, because it doesn’t require creditors to tell debtors that some money — like Social Security benefits, welfare payments and workers’ compensation — is off limits to garnishments.

Tuesday’s decision only affects Gwinnett County because the lawsuit was brought against the clerk of court there. But many believe it could lead to changes in the state’s garnishment law.

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Atlanta art and antiques appraiser and auctioneer Allan Baitcher (right) takes bids during a 2020 auction. Baitcher and his company, Peachtree Antiques, are being sued by a Florida multimillionaire who says he paid them $20 million for fakes. (AJC 2020)

Credit: Phil Skinner / Staff