If the other side disagrees with your Claim of Exemption

If you received a Notice of Opposition to Claim of Exemption (form WG-009) or a Notice of Opposition to Claim of Exemption (form EJ-170), it means the other side disagreed with your request for an exemption. You will have a court date (a hearing) where a judge will decide if you can get the exemption.

Before your court date

You can give the judge more information supporting your claim

If you want, you can give the judge more information and any proof you have to support your Claim of Exemption before your court date. This is optional. You must file a reply at least 5 court days before your court date.

How to give more information

Check with the court to see if the judge posts their decision

In some courts, the court posts the judge’s decision (usually on its website) before the court date. This is called a tentative ruling. In these courts, your court date will automatically be cancelled unless you call to say you still want to talk to the judge. If your court date is cancelled because you didn’t call, the decision the court posted will become final. Showing up to the court date if it’s been cancelled won’t protect your rights.

Check with your court to see if they use this process. If they do, ask the clerk how it works.

What to expect on your court date

If you haven't been to court before, you can review some tips for how to prepare and what to expect.

It's your job to prove to the judge you need the exemption

  • Tell the judge how it will be impossible for you to pay for your family's basic needs if the money is taken from your paycheck.  
  • Bring proof you can't afford to have the money taken. This might be your paychecks, bank statements, and bills. 

The judge will decide after hearing from you both

If you win, the judge will order the sheriff to stop or reduce the garnishment and return the exempt money.

You are done. The judge will make a decision about your Claim.

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