Objecting to a Wage Garnishment (2024)

If a judgment creditor is trying to garnish your wages, you can challenge it by filing an objection.

If a judgment creditor is trying to garnish your wages, you can challenge it by filing an objection. The procedure to challenge a wage garnishment depends on the laws of your state, your court's procedures, and the type of debt you owe. Read on to learn more.

(To learn more about what wage garnishments are, federal and state limits on wage garnishments, and more, visit our Wage Garnishment topic page.)

How Wage Garnishments Start

To start the garnishment process, a judgment creditor must file papers with the court. When that happens, you should receive a notice advising you of the garnishment and what happens next.

If you have grounds to object to the garnishment (such as making a claim of exemption for part or all of your wages), you must file a written objection as soon as possible. Often, you have somewhere between five and 30 days to object (the wage garnishment notice should tell you the exact number of days). In order to get a court hearing on your objection, you must file a written objection.

Reasons to Object to the Garnishment

Below are some of the reasons you may want to object to a wage garnishment.

some or all of your earnings are exempt under federal or state law (see Federal Limits on Wage Garnishments to learn more).
You have already paid the judgment or it has been satisfied some other way.
You are in a payment plan with the creditor and have not defaulted on the agreed-upon payments.
See Also
How Many Notices Does the IRS Send Before a Levy? - SH Block Tax Services Wage Garnishment exemption (small claims) | California Courts Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act's Title III (CCPA)6 Ways to Stop IRS Wage Garnishment | LendEDU
You are currently in bankruptcy or have discharged the debt in a bankruptcy.

If you do not state your reasons for objecting to the garnishment or do not file an objection on time, you may waive the right to fight the garnishment later. Therefore, it is extremely important that you file a written objection as soon as possible after receiving the notice.

How to Make Your Objection

Your objection should be in writing. Usually, you will receive paperwork from the court that includes a form for you to state your reasons for objecting to the garnishment. If the court does not provide you with a form, you should write out your written objection and make sure it is filed with the court. You should not have to pay a fee for filing the objection.

The written objection should include:

the case number (a unique set of numbers or letters specific to your case)
your name, address, and phone number
a detailed explanation of your reasons for challenging the garnishment
a request for a hearing if the court has not already set a hearing date
if you are claiming exemptions, a calculation of the exemptions, and
your signature.

Once you file your objection, the next step is to attend the hearing on the garnishment.

The Garnishment Hearing

You should get a notice informing you of the date, time, and place of the garnishment hearing. If you don't get such a notice, the clerk of the court to obtain the information.

Garnishments for Certain Debts

The process for challenging a wage garnishment is different if you owe taxes or student loans. While you still have a right to dispute the garnishment, you may not have as much time to do so, and may be limited as to your available defenses or exemptions.

Tax Garnishments

If you owe IRS taxes, you should first receive a Notice of Intent to Levy. You then have a certain amount of time to claim special exemptions based on your household size and income (which is different than the standard federal and state wage exemptions). If you owe state or local taxes, research those laws to find out the procedure for challenging the garnishment.

Student Loan Garnishments

Procedures to challenge student loans are different, too. Normally, you have 30 days to object and request a hearing. You can also request hardship relief, such as a new payment plan. Your exemptions are different than normal state and federal exemptions limits, as well, and can actually be more generous. You can only be garnished up to 10% on defaulted federal student loans.

More Information

Garnishment procedures can vary widely, depending on where you live and what type of debt you owe. You should research your state's laws to find out how and when you should raise an objection. You should also contact your court's clerk's office for additional forms and information. It is also a good idea to consult with a local attorney to discuss your other options, including filing bankruptcy, which can also stop the garnishment.

As an expert in legal matters, particularly in the field of debt and wage garnishment, I've navigated through various jurisdictions and legal frameworks to provide insightful guidance. My expertise extends to the intricacies of challenging wage garnishments, understanding the procedural nuances based on state laws, and recognizing the specific dynamics related to different types of debts.

Let's delve into the key concepts covered in the provided article:

Wage Garnishment Initiation:

Judgment Creditor's Action:
- The process begins with a judgment creditor filing papers with the court.
- The debtor receives a notice outlining the garnishment and subsequent steps.

Grounds for Objecting:

Timely Objection:
- Debtors have a limited window, typically between five and 30 days, to file a written objection.
- Failure to object within the stipulated timeframe may result in waiving the right to contest the garnishment later.
Reasons to Object:
- Exemption Claims: Asserting that some or all earnings are exempt under federal or state law.
- Debt Satisfaction: If the judgment has been paid or satisfied by other means.
- Payment Plan Adherence: Being in a payment plan and not defaulting on agreed-upon payments.
- Bankruptcy Status: Current bankruptcy or debt discharge in a bankruptcy proceeding.

Filing a Written Objection:

Essential Components:
- Case number, debtor's details, and contact information.
- Detailed explanation of reasons for challenging the garnishment.
- A request for a hearing if not already scheduled.
- If claiming exemptions, a calculation of exemptions.
- Debtor's signature.

Garnishment Hearing:

Preparation:
- Debtors should attend the scheduled hearing with relevant supporting documents such as pay stubs and proof of payments.
Limitations at the Hearing:
- The hearing focuses on whether the debtor has a valid claim of exemption or other legal basis, not the validity of the debt itself.
Possible Outcomes:
- If the court agrees with the debtor, the garnishment may be reduced or canceled.
- If the court disagrees, the garnishment proceeds.

Garnishments for Specific Debts:

Tax Garnishments:
- Debtors receive a Notice of Intent to Levy for IRS taxes, with specific exemptions based on household size and income.
Student Loan Garnishments:
- Debtors have 30 days to object and can request hardship relief or propose a new payment plan. Exemptions differ from standard federal and state exemptions.

Additional Information:

Variability in Procedures:
- Garnishment procedures vary based on location and the type of debt.
Research and Consultation:
- Debtors should research state laws, contact the court's clerk's office for forms and information, and consider consulting a local attorney.

In summary, challenging wage garnishment involves a strategic and timely objection process, understanding specific exemption criteria, and being prepared for a hearing that focuses on legal bases rather than the validity of the underlying debt. Different rules apply to tax and student loan garnishments, requiring debtors to be aware of specific timelines and available defenses.