LANIER COLLECTION AGENCY &c. v. MACKEY

43435, 43466.

256 Ga. 499 (1986)

350 S.E.2d 439

LANIER COLLECTION AGENCY & SERVICE, INC. v. MACKEY. MOR-WOOD, INC. v. SAVANNAH BANK & TRUST COMPANY.

Supreme Court of Georgia.

Decided December 2, 1986.


Attorney(s) appearing for the Case

McCorkle, Pedigo & Hunter, Carl S. Pedigo, Jr., David H. Johnson, for appellant (case no. 43435).

Charles R. Goldburg, Farrington & Abbot, Louisa Abbot, for appellee.

Ronald C. Crawford, for appellant (case no. 43466).

John H. MacLean, Marvin A. Fentress, for appellee.


HUNT, Justice.

We granted certiorari in two cases to consider the issue of federal preemption of a state garnishment law by the Employee Retirement Act of 1974 (ERISA). In the unreported case of Mor-wood, Inc. v. Savannah Bank &c. Co., (Case No. 71977, decided April 7, 1986), the Court of Appeals held that an Individual Retirement Account (IRA) was not subject to garnishment under either ERISA, 29 USCA § 1001 et seq., or the Georgia law, OCGA §...

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