Friday, June 17, 2005

How to Get an Exemption From Wage Garnishment

How to Get an Exemption From Wage Garnishment

Before you can get an exemption from wage garnishment, you must file the proper paperwork with the county clerk's office that has a recorded court ordered garnishment against you. The financial disclosure will help you figure out and tell the clerk of courts that you have no disposable income that can be subject to garnishment. Before any garnishment can be submitted to your employer, you must fill out a financial disclosure form.

Instructions

    1

    After the hearing in which a debtor is granted a judgment against you, you have ten days to fill out and file a financial disclosure with the clerk of courts office where the judgment is held. This is the first action to obtaining a exemption from garnishment if you qualify.

    2

    Answer the question on the financial disclosure where it asks if you feel that you are exempt from garnishment with, "Yes." You will need to answer the questions as to why you feel you are exempt and give details.

    3

    Answer all questions pertaining to public assistance that you may have received or are receiving. This is not subject to garnishment. If 25% of your disposal income is assigned to the courts for support, you will mark that box on the form. Answer the question that asks if having 20% of your disposable income garnished would place you below the federal poverty level.

    4

    Fill out the financial worksheet that shows that your income is at or lower than poverty levels set forth by the federal government and include all payments your income is assigned to for exemption considerations.

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