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Indiana has a special rule allowing debtors to request a reduced wage garnishment of between 10% and 25% of their weekly disposable earnings. However, to qualify for the reduced garnishment, they must show good cause to the court. It's up to the judge's discretion to grant a smaller wage garnishment percentage.
Indiana Wage Garnishment Process To get a wage garnishment in the state of Indiana, a creditor first needs to sue you in court for the debt you owe. If you don't show up to the court to challenge the creditor's lawsuit, then the court will issue a default judgment against you.
If you wish to stop wage garnishment in Indiana there are several options available to you. Pay the Debt and Avoid the Suit. Appeal to the Court in Indiana. Bankruptcy in Indiana. Seek Legal Assistance.
Ordinary garnishments Under Title III, the amount that an employer may garnish from an employee in any workweek or pay period is the lesser of: 25% of disposable earnings -or- The amount by which disposable earnings are 30 times greater than the federal minimum wage.
The garnishment amount is limited to 25% of your disposable earnings for that week (what's left after mandatory deductions) or the amount by which your disposable earnings for that week exceed 30 times the federal minimum hourly wage, whichever is less.
If you have questions about wage garnishment or a Notice of Wage Garnishment, or any debt that you owe to DWD, you may contact the DWD Benefit Collections Unit at 1-800-262-6949.
In Indiana, the laws are designed to mainly track federal wage garnishment limits. If more than one creditor is garnishing your wages at the same time, then the maximum amount that can be garnished by all of your creditors combined is 25 percent.
Stop Wage Garnishment Immediately by Filing for Bankruptcy Depending on why you're paying, it may only be temporary. It won't impact child support, alimony, tax, or student loan payments since these are non-dischargeable (can't be cleared) priority debts under the bankruptcy code.