Alaska Suggestion for Writ of Garnishment

State:
Multi-State
Control #:
US-00987
Format:
Word; 
Rich Text
Instant download

Description

This form is a Suggestion for a Writ of Garnishment. Plaintiff obtained a judgment against defendant and in the process of collection, the plaintiff requests that garnishment be placed on the property of the defendant to satisfy the judgment. Therefore, the court orders that a writ of garnishment be granted in favor of plaintiff.
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FAQ

Federal law limits wage garnishments to 25% of your disposable income (15% for federal student loans) or the amount exceeding 30 times the federal minimum wage, whichever is less. Individuals with a child support order can garnish up to 65% of disposable earnings for child support.

How do I collect on my judgment? You may collect the money owed you in one of two ways: either the debtor pays you voluntarily or you can execute on the debtor's property by getting a writ of execution from the judge.

Collect evidence showing how detrimental the wage garnishment is to your financial stability or how you qualify for an exemption. In either case, the creditor may agree to a solution that doesn't involve a garnishment, such as an adjustment payment plan or a settlement for a lump sum.

We often get asked, how do I stop IRS wage garnishments, and what is the maximum amount the IRS can garnish from your paycheck? Generally, the IRS will take 25 to 50% of your disposable income. Disposable income is the amount left after legally required deductions such as taxes and Social Security (FICA).

Limits on Wage Garnishment in Alaska The most that can be garnished from your wages is the lesser of: 25% of your disposable earnings for the week, or. the amount of disposable earnings for the week that exceed 30 times the federal minimum wage.

If you receive your earnings (wages, salary, commissions, etc.) either weekly, every two weeks or monthly, the following part of your earnings is automatically exempt (protected from seizure): $473 per week* or 75% of your weekly "disposable earnings,"** whichever is more.

For private debt, garnishment in a single pay period is limited to 25% of your take-home pay or the amount by which your take-home pay is greater than 30 times the federal minimum wage, whichever is less. If your take-home pay is 30 times the federal minimum wage or less, your income is exempt from garnishment.

The Debt Collection Improvement Act authorizes federal agencies or collection agencies under contract with them to garnish up to 15% of disposable earnings to repay defaulted debts owed to the U.S. government.

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Alaska Suggestion for Writ of Garnishment