How to Get a Wage Garnishment Judgment Exemption
Creditors and collectors can obtain a judgment against someone with bad debt in the form of unpaid student loans and past due medical bills. This judgment will allow an employer to withhold a portion of an employee's wages and give them to the creditor. However, an employee can stop this by filling out and submitting a wage garnishment judgment exemption. This will prevent your wages from being garnished or accelerate the process of your employer returning any of your wages that were improperly garnished.
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Instructions
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Complete the order or form after receiving a wage withholding order from your employer notifying you that your wages will be garnished.
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Mail the order to the address of the clerk's office listed on the top right-hand corner of the withholding order. There is an $8 fee to file an exemption.
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Attend your hearing. You will receive a hearing where the judge will allow you to declare your living expenses and explain the ways you tried to pay the debt before the wage garnishment order was served.
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Tips & Warnings
Bring your pay stub to show withholding and net pay at your hearing. Also bring documentation detailing all your expenses such as rent or mortgage payment, utilities and groceries.
File the claim of exemption shortly after receiving the withholding order because it may take one to two months to receive a hearing date.
Pay off the debt while you are waiting to receive your hearing date. However, some creditors refuse to settle the debt once the wage garnishment process is set in motion.
Find information regarding reducing the amount of money garnished from your paycheck on the wage withholding order.
You cannot receive an exemption if the court determines that some of your wages are used for unnecessary expenses or luxuries.
The creditor can file an opposition opposing the exemption.
If you do not file an exemption, your wages are withheld starting 30 days from the judgment date and will continue until the debt is paid in full.
Your employer cannot fire you because you received a wage garnishment judgment, but this rule does not apply if more than one creditor is trying to garnish your wages.
A creditor cannot garnish more than 25 percent of your wages.
If the judge decides you are totally exempt from wage garnishment, your wages cannot be garnished again by the same creditor for six months unless your financial status has changed. If the creditor tries to garnished your wages again within the six month period without your knowledge, they can be fined by the court.
