What is a Wage Garnishment Exemption?

A wage garnishment exemption is an avenue taken by someone who has had a garnishment order placed on his or her wages in order to collect a debt. This exemption, when granted, allows for a person's wages to no longer be garnished by the creditor, or allows for the amount of the garnished wages per pay period to be reduced. This can be extremely helpful in cases where a wage garnishment has caused a person's wages to decrease beyond the point that would allow him to live and functionally support a family.

Determining Eligibility

In every state, there are differences in the statutes regarding wage garnishment law. You should consider consulting an attorney with experience in garnishment or bankruptcy matters, as these individuals can greatly assist you in the filing process. They will also be able to help you make a case for yourself showing that your financial situation does not allow for a garnishment of your wages. You will be required to prove the garnishment itself impedes on your ability to provide a basic standard of living.

Necessary Documentation

In order to be granted an exemption hearing, you will have to have with you written documentation about your garnishment. This documentation will need to be thorough in nature and display for the court your current status financially. You will have to show that your expenses are all necessary expenses, and not luxuries or frivolous spending. Some of the papers and/or documentation you should have readily available include:

  • Any pay stubs displaying your wages and the amount being withheld, to show what amount of money you are left with every pay period.
  • Any current bill stubs you may have that are relevant to your cost of living, such as medical bills, utility bills, mortgage payments, etc.
  • Any statements or written correspondence between you and your creditor showing that you have made attempts to settle the debt prior the your creditor requesting garnishment.

Approval or Denial of Your Exemption Petition

Once you have filed your claim for exemption of your wages from garnishment, there will be a period of time determined by the court for the creditor to respond and show cause pertaining to why you should not be granted exemption. If your creditor fails to respond during this time, your claim will be granted. However, if your creditor appeals your petition for exemption, a hearing will be held and both you and your creditor will go before a judge to obtain a decision on the matter.

Getting Help

The assistance of an experienced attorney is very important at a garnishment exemption hearing so that you can maximize your chances of being successful in court. Your attorney can explain all your options and help you to gather the evidence you need to get the court to see things your way.

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