This may mean that your checks may bounce, and you may incur overdraft charges during this time. Some money in your bank account may be exempt from garnishment. The Exemption Form will list the categories that may make your bank account exempt from garnishment. For example, a creditor generally cannot garnish any of the following:.
This is the form your bank sent to you when it received the Garnishment Summons from the creditor. You must include copies of your bank statements for the last 60 days. It may also be helpful if you include documents i. Please note that if you are eligible for and want to claim an exemption calling the creditor is not good enough; rather, you must complete and return the required paperwork.
You may request a different hearing date if you want. To request a new hearing date, you must contact the creditor and the court before the date of your hearing. The new date must be within seven days of the original hearing date. The court hearing is your opportunity to show the court why your bank account is exempt from garnishment.
You should bring to the court hearing all the documents you have to support your claim to an exemption. The court must issue its decision within three days of the hearing. The law only applies to funds that were deposited within the two months preceding the garnishment order. For more information on this process, see the Attorney General publication, Answering a Lawsuit.
To request that a judgment be vacated, you must submit the request to the court that entered the judgment. A request to vacate a judgment must generally be submitted to the court within a year of the judgment being entered.
It is ultimately up to the judge to decide whether to vacate a default judgment. If you believe that a judgment has been wrongfully entered against you and wish to have it vacated, it is generally best if you can obtain the assistance of an attorney. The legal process can be complex for those without legal training.
If you need legal advice, you may wish to hire an attorney. For more information, please refer to the Attorney General publication, Hiring an Attorney. That means that if you owe money to a credit card company, doctor, dentist, furniture company, or the like, you don't have to worry about garnishment unless those creditors sue you in court. Although these agencies don't have to get a judgment against you, they must provide some type of notice along with time for your to object, before garnishing your wages.
The type of notice and procedures for objecting varies depending on the agency involved. The judgment creditor sends the garnishment order to your employer. Your employer will then withhold a portion of your wages each pay period and send that money directly to your creditor.
The garnishment will end when you have paid the entire judgment or you reach a separate settlement on the debt with the creditor. This process works similarly for creditors on student loans, child support, and back taxes. Federal law limits the amount that can be garnished from your paycheck each week or month.
The amounts vary depending on whether the creditor is a judgment creditor, student loan collector, taxing authority, or collector of child support. State laws also limit garnishment amounts. However, states cannot allow creditors to take more than is allowed under federal law. That is, they can offer more protection to debtors, but not less. For the specific federal garnishment limits, see Limits on Wage Garnishment Amounts.
In all types of wage garnishments, you may object to the garnishment or the amount of money that is being garnished. To do so, you must file a Claim of Exemption with the court that issued the underlying garnishment. Under federal law, your employer cannot fire you because it receives a garnishment for one debt, or two or more garnishments from the same creditor.
The Wage and Hour Division has authority with regard to questions relating to the amount garnished or termination. Other questions relating to garnishment should be directed to the court or agency initiating the garnishment action.
For example, questions regarding the priority given to certain garnishments over others are not matters covered by Title III and may be referred to the court or agency initiating the action. The CCPA contains no provisions controlling the priorities of garnishments, which are determined by state or other federal laws.
The CCPA defines earnings as compensation paid or payable for personal services , including wages, salaries, commissions, bonuses, and periodic payments from a pension or retirement program. Payments from an employment-based disability plan are also earnings. Conversely, lump-sum payments that are unrelated to personal services rendered are not earnings under the CCPA.
For employees who receive tips, the cash wages paid directly by the employer and the amount of any tip credit claimed by the employer under federal or state law are earnings for the purposes of the wage garnishment law.
Tips received in excess of the tip credit amount or in excess of the wages paid directly by the employer if no tip credit is claimed or allowed are not earnings for purposes of the CCPA. It also includes withholdings for employee retirement systems required by law.
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