Can Debtors' Wages Be Garnished in Arkansas?

Although a creditor will typically make numerous attempts to resolve delinquent debt issues outside of the judicial system, your creditor may resort to a lawsuit if you do not make an effort to pay a past-due debt. In most cases, a lawsuit results in a judgment against you for the debt. In Arkansas, a creditor with a valid judgment may garnish your wages to recover the judgment debt amount.

Procedure

After receiving a judgment against you in an Arkansas court, the creditor may complete an application for a writ of garnishment through the court that issued the judgment. The writ of garnishment application shows that you have not paid the debt, and that you have wages that can be used to satisfy the debt. The court will serve notice to your employer, which must confirm that you have funds available in the form of wages or salary. After receiving a garnishment order, the employer will begin sending part of your earnings to the court to apply toward your judgment debt.

Garnishment Limitations

Arkansas follows federal law regarding the amount of money a creditor can take from your earnings through a wage garnishment. Federal law protects your wages from garnishment if your weekly income is less than 30 times the federal hourly minimum wage, regardless of the number of hours you work. if you earn more than this amount per week, the creditor can garnish up to 25 percent of your disposable income, which is your earnings after statutory tax deductions.

Exemptions

Under Arkansas and federal law, certain types of income are exempt from garnishment in most cases. Social Security income can only be garnished if the debt involves past-due taxes, alimony or child support. Arkansas law also protects other types of income, such as unemployment benefits, worker's compensation payments, public employee pensions and disability benefits.

Considerations

Because a creditor seeking wage garnishment in Arkansas has typically already obtained a judgment against you for your debt, your options for avoiding or ending a garnishment are limited. However, an attorney may help you avoid garnishment in certain cases. If the Arkansas statute of limitations -- which is four years for open accounts and five years for written contracts -- has expired, the creditor cannot legally seek judicial enforcement of the repayment of your debt. Also, an attorney can determine whether the creditor filed the judgment suit or ordered the garnishment improperly. If so, the court may vacate the judgment, preventing the creditor from executing or continuing wage garnishment.