The law says that some property, wages, and money are exempt from collection — which means they cannot be taken from you to pay unpaid consumer debts. See page 12 for a list of exempt wages, money, and property. If you believe that the creditor is garnishing exempt wages or money or is taking exempt property, you may file a Claim of Exemption so you can keep the money or property. You should only file a Claim of Exemption if you have good reason to believe that one of the exemptions listed on page 12 applies to your wages, money or property.
After you file a Claim of Exemption there will be a hearing in court and a judge will decide if you will be able to keep the money or property.
Where Do I Get a Claim of Exemption Form?
You will receive the Claim of Exemption papers when your
wages or bank account are garnished (see page 7) or when the sheriff
takes your property (see page 8).
When Should I File a Claim of Exemption?
For a one-time garnishment (such as garnishing your bank
account), you must file the claim within 30 days of receiving the papers.
For a continuing garnishment (such as garnishing your wages), you must
file the claim within 120 days of receiving the papers. But you should
file the claim as soon as you can.
How Do I File a Claim of Exemption?
— Fill out the Claim of Exemption form. The creditor's name should be written on the line for the 'plaintiff.' Write your name on the 'defendant' line. List the property or moneythat you believe is exempt and should not be taken. To explain why the property is exempt, look at the list on page 12 of this booklet and copy from the list the exemption that applies.
— Make a copy of the completed form for you to keep. Take the original to the court clerk at the courthouse or mail the claim to the clerk at the address listed on the garnishment papers.
— Ask the court clerk when your court hearing will be held.
— Get ready for the hearing by making sure you can give evidence about the value of the things you are claiming and which exemptions they fall under. It is a good idea to write some notes to use at the hearing.
— Go to the hearing on time. If you can, bring someone with you for personal support.
— Present your information to the judge clearly and briefly. Respond to questions politely. Keep calm.
— Give the order signed by the judge to the sheriff or person holding your things and claim them. You should argue that you do not owe storage costs because that would defeat the purpose of the exemptions, which is to make sure that you can keep your basic necessities of life.