“We believe in making businesses feel like they are our only client.”

Thursday, June 02, 2011

On September 12, 2011 the Georgia Supreme Court approved an earlier Georgia State Bar Advisory Opinion concerning the Unauthorized Practice of Law (UPL Advisory Opinion #2010-1).

In short, the opinion holds a nonlawyer cannot answer a garnishment for an entity (e.g. corporation, limited liability company, limited partnership).  Georgia law recognizes the right of natural citizens to represent themselves in Georgia courts.   However, it has been the law for many years that corporations (and other entities) must be represented by a Georgia licensed attorney in any Georgia court of record.  The Supreme Court has now affirmed the State Bar’s earlier interpretation that an entity filing an answer to a garnishment with any court in Georgia requires a Georgia licensed attorney.

This only applies to garnishment answers that are filed with any Georgia court.     The state of residence of the company does not matter.     What matters is whether your answer has to be turned in to a court.

Our firm is experienced in filing garnishment answers.   If you need a garnishment answer filed, give us a call.

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