How do I appeal to the court to stop wage garnishment? What is a claim of exemption?

Question

How do I appeal to the court to stop wage garnishment? What is a claim of exemption?

Answer

Whenever you receive a wage garnishment order, you have the right to file for an appeal of the order if you can prove to the court that the order for garnishment impedes directly on your right to provide your own basic needs or if you can prove your wages are exempt from garnishment. If the order for garnishment is of an amount that doesn’t allow you to take basic care of yourself by allowing you to provide food, shelter, and clothing, you probably have the means to file for a successful appeal for stopping wage garnishment. Either filing a claim of exemption yourself or having a lawyer file a claim of exemption on your behalf is the best way to let the issuing court know that you wish to contest the garnishment order. 

A claim of exemption is the official document for most court proceedings when it comes to appealing wage garnishment orders. When you file a claim of exemption, you are telling the court that your wages should be exempt from either the amount of the garnishment or the garnishment as a whole. If you make your claim of exemption based on the premise that you can't afford to live on your income after the garnishment, you will also have to show proof to the court that this is true by providing statements of your monthly bills versus your monthly income in order to show the appeal is not without cause.

If you are appealing to the court to stop wage garnishment, you should strongly consider speaking with a lawyer. A qualified attorney can help you to take the steps necessary for stopping wage garnishment so you can get any legitimate claims approved as quickly as possible. 

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