How To File a Garnishment Exemption Claim

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Collectors and creditors can get a court judgment from a borrower who has a bad debt, such as student loans that have remain unpaid, or unsettled medical bills that have been past due. This judgment permits an employer to hold a portion of an employee’s wages, in favor of a collector. This judgment may also be used for a portion of the borrower’s bank account to be turned over to the creditor. With regards to employee wages, an employee can actually file for wage garnishment exemptions, halt this garnishment by filling out and subsequently submitting a garnishment exemption claim called wage garnishment judgment exemption. Once this is accomplished, an employee’s wages will no longer be garnished, or it can hasten a process by which the employer is required to return to the employee the wages that have not been properly garnished. 

Fill up the Form

Hold on to your wage withholding order. Completely fill out a form or order after receiving your wage withholding order from your employer, which notifies you that your wages will undergo garnishment. Next, send out through mail to the clerk’s office. The address of which is indicated in the upper right hand corner of your wage withholding order. There is an exemption filing fee of about $8.

Attend the Hearing

Attend the hearing that has been scheduled, since you will receive notification about it. In the hearing, the judge will permit you to report your living expenses, and clarify to the court the many methods you used to settle the debt prior to the serving of the wage garnishment order. Bring your pay slip to the hearing, to show your net pay and the withholding amount. You may also bring all your documents and receipts substantiating your expenses, like utilities receipts, mortgage payments, groceries and rent. You might not be able to obtain an exemption if the court determines that some of your expenses are luxurious ad unnecessary.

File the Claim

After receiving your withholding order, immediately file a claim of exemption because it may take 30 to 60 days to obtain a hearing date. Moreover, after a withholding order has been issued, your wages will start being garnished 30 days after. While waiting to receive your hearing schedule, settle your debt. However, some creditors no longer allow payments once the wage garnishment procedure has been initiated.

Your lender can oppose your filing for exemption. But remember, a lender cannot garner in excess of 25% of your wages.  If the judge decides that an employee is legible for garnishment exemptions, the same lender cannot go after you through the same method for six month, unless there has been some changes in your financial status.

Seek Legal Assistance

To ensure that you are protected and that your time is not wasted seek legal assistance. An experienced lawyer will know just the proper step to take, and will ensure that your rights are not trampled on.

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