From Casetext: Smarter Legal Research

American Mutual Liability Ins. Co. v. Hicks

Court of Appeals of Georgia
Jun 18, 1981
283 S.E.2d 18 (Ga. Ct. App. 1981)

Opinion

62169.

DECIDED JUNE 18, 1981. REHEARING DENIED JULY 9, 1981.

Garnishment. DeKalb State Court. Before Judge Seeliger.

H. P. Arnall, for appellant.

Joseph E. Robling, C. Randall Roberts, for appellee.

James B. Hiers, Jr., Charles L. Drew, George L. Pope, Jr., Robert R. Potter, James T. McDonald, Jr., amicus curiae.


The sole issue presented in this appeal is whether funds due an employee from a workers' compensation claim are subject to garnishment based upon a judgment for child support. Code Ann. § 114-302 provides that "[N]o claim for compensation under this title shall be assignable, and all compensation and claims therefor shall be exempt from all claims of creditors." Held:

Although we have discovered no decisions of our courts considering the quoted statute, other exemptions from garnishment have been addressed as they relate to claims for alimony and child support. We conclude as did the Georgia Supreme Court that such a claim "occupies a different position from an ordinary debt. . ." Bates v. Bates, 74 Ga. 105, 107 (1884). "All laws exempting any portion of one's earnings from the process of garnishment are primarily based upon the necessity of exempting in behalf of a debtor, even against his just debts, something with which to care for his family or dependents as well as himself. This is the only principle upon which a debtor should be permitted to withhold money within the power of the court from a creditor, the justness of whose claim is undisputed." Caldwell v. Central of Ga. R. Co., 158 Ga. 392, 393 ( 123 S.E. 708) (1924). The principles expressed above have been recently approved by this court. Cf. Hilltop Auto Salvage, Inc. v. Mason, 132 Ga. App. 746 ( 209 S.E.2d 25) (1974).

We conclude, as did the trial court, that a garnishment to collect a judgment for child support is not precluded by Code Ann. § 114-302.

Judgment affirmed. Deen, P. J., and Carley, J., concur.


DECIDED JUNE 18, 1981 — REHEARING DENIED JULY 9, 1981 — CERT. APPLIED FOR.


Summaries of

American Mutual Liability Ins. Co. v. Hicks

Court of Appeals of Georgia
Jun 18, 1981
283 S.E.2d 18 (Ga. Ct. App. 1981)
Case details for

American Mutual Liability Ins. Co. v. Hicks

Case Details

Full title:AMERICAN MUTUAL LIABILITY INSURANCE COMPANY v. HICKS

Court:Court of Appeals of Georgia

Date published: Jun 18, 1981

Citations

283 S.E.2d 18 (Ga. Ct. App. 1981)
283 S.E.2d 18

Citing Cases

Willis v. McClain Industries of Georgia, Inc.

See id. See American Mut. Liability Ins. Co. v. Hicks, 159 Ga. App. 214, 215 ( 283 S.E.2d 18) (1981). See…

Travelers Insurance Company v. Moxley

The sole error enumerated in both these appeals is that the trial court erred in holding in contravention of…