Make a claim of exemption for wage garnishment
Wage garnishment is when a debt collector has your employer take up to 20% of your wages to pay the money you owe. If, after the money is taken from your paycheck, you can’t pay for your family’s basic needs, you can file a Claim of Exemption to reduce the amount.
Important things to know
- 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.
How to make a Claim of Exemption
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Fill out forms
Fill out two forms:
Or, use a free online app to help you complete these forms. If you use the app, 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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Take the forms to the Levying Officer
Take or mail the original and one copy to the Levying Officer. The Levying Officer is identified in the upper right-hand corner of the Earnings Withholding Order (form WG-002). This is usually the local sheriff, but it may be someone else, depending on your county.
The sheriff keeps the original and sends a copy to the debt collector.
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Wait to see if the claim is opposed
The debt collector has 10 days to respond.
The debt collector may continue to garnish your wages while you wait. But, they will be returned if you win your claim.
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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. Your reply must be filed at least five court days before the hearing.
You can use a Declaration (form MC-30) to write your reply. If you need more space, use Additional Page (form MC-020).
To support your statements, you can attach proof of your income and expenses to the Declaration.
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Proof of income- Paystubs or other documents to prove the source and amount of income
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Bills - To show expenses
Be sure to black-out any account numbers that may be on the documents.
Serve a copy of your response to the debt collector and file 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) how it intends to rule the day before the hearing. In these courts, your hearing will be cancelled unless you call to say you still 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 pay for 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 shows you can't afford to have the money taken. This might be your paychecks, bank statements, and bills.
After hearing from both sides, the court will decide whether to grant your claim or not. If you win, the court will order the sheriff to stop or reduce the garnishment and return the exempt money.