Wage garnishment is when the debt collector has your employer take up to 20% of your wages to pay the money you owe.
By law, your employer cannot fire you for a single wage garnishment.
The sooner you act, the sooner your wage garnishment can be stopped or reduced.
If after the money is taken from your paycheck, you can’t pay for your family’s basic needs, then you can file a "Claim of Exemption." A Claim of Exemption is a way to ask to lower the amount being taken.
How to make a Claim of Exemption
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Prepare the Claim of Exemption
Fill out two forms:
- Claim of Exemption (form WG-006)
- Financial Statement (form WG-007/EJ-165)
Or, use afree online app to help you complete these forms. You will need to print your forms once you're done.
Make two copies of your completed forms. Keep one copy for yourself.
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File the Claim of Exemption
Take or mail the original and one copy tothe Levying Officer identified in the upper right-hand corner of theEarnings Withholding Order(form WG-002). This is usually the sheriff. It may or may not be your local sheriff.
The sheriff keeps the original and sends a copy to the debt collector.
Your wages may continue to be garnished while you wait. But, they will be returned if you win your claim.
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Wait to see if the claim is opposed
The debt collector has 10 days to respond.
If they don’trespond, then your claim is granted. The sheriff will tell your employer to stop or reduce the garnishment andreturn any extra money that was garnished after you filed your Claim of Exemption.
Ifthey do respond,it means they oppose your claim. Youwill have a hearing where a judge will decide the claim.
You will be mailed:
- Notice ofOppositionto Claim of Exemption (WageGarnishment)(form WG-009) , and
- Notice of Hearing on Claim of Exemption(form WG-010/EJ-175).
The date, time and place will be on theNotice of Hearing on Claim of Exemption.
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Reply to the opposition (if any)
If the debt collector opposed your Claim of Exemption, read the papers to find out why. You can reply to show the court clarifying facts, documents, or other evidence to support your Claim of Exemption.
Yourreply must be filed at least five court daysbefore the hearing.
You can use aDeclaration(form MC-30) to write your reply. If you need morespace, use Additional Page(form MC-020).
Sample of a Reply Declaration.
To support your statements, you can attach proof of your income and expenses to the Declaration.
Proof of income- Paystubs or other documents to prove the source and amount of income
Bills - To show expenses
Be sure to black-out any account numbers that may be on the documents.
Serve a copy of your response on thedebt collector andfile the original and two copies with the court.
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Check if your court uses “tentative rulings”
Before your hearing, contact your court clerk and ask if there’s a “tentative ruling” process.
In some courts, the court posts (usually on its website) howit intends to rule the day before the hearing. In these courts,your hearing will be cancelled unless you calltosay youstill want the hearing. If your hearing is cancelled,the ruling the court posted will become final.
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Go to the hearing
At the hearing, it is your job to prove to the court that you qualify for an exemption. To do this:
- Tell the court how it will be impossible for you to payfor your family's basic needs if the money is taken from your paycheck. The other side may say it is not true.
- Bring evidence that showsyou can't afford to have the money taken. This might be your paychecks, bank statements, and bills.
After hearing from both sides, thecourt will decide whether to grant your claim or not.If you win, the court will order the sheriff to stop or reduce the garnishment andreturn the exempt money.
What else can I do about this judgment?
In addition to your claim of exemption, you may be able to:
- Negotiate a settlement of your judgment.
- File a motion to pay the judgment in installments (limited civil cases only- under $25,000)
- File a motion to set aside
