Arkansas Affidavit in Support of Motion to Discharge Writ of Garnishment

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Multi-State
Control #:
US-02254BG
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Word; 
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Description

Wage garnishment is a legal procedure in which a person's earnings are required by court order to be withheld by an employer for the payment of a debt, such as a judgment.
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How to fill out Affidavit In Support Of Motion To Discharge Writ Of Garnishment?

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FAQ

In Arkansas, state wage garnishment law is essentially the same as the federal law governing wage garnishment. A wage garnishment should not leave you unable to live, so there are limits to how much can be taken from your pay. In general, garnishments can't exceed 25 percent of your disposable (after deductions) wages.

GARNISHMENT IN ARKANSAS A writ of garnishment is a legal document that allows the creditor, under Arkansas law, to forcibly take from your employer up to twenty-five percent (25%) of your wages.

Signing an entry of appearance and waiver of service only means that the party signing the document is giving up his/her right to be served by a sheriff's deputy. It does not mean they agree with the lawsuit or are giving up their right to notice of when any hearings are to be held.

A writ of execution is a process issued by the court directing the U.S. Marshal to enforce and satisfy a judgment for payment of money.

The Writ of Garnishment or Writ of Execution delivered to you with this Notice means that wages, money, or other property belonging to you has been garnished in order to pay a court judgment against you. HOWEVER, YOU MAY BE ABLE TO KEEP YOUR MONEY OR PROPERTY FROM BEING TAKEN, SO READ THIS NOTICE CAREFULLY.

By the time the collection process has reached the point of garnishment, most creditors are unwilling to work out any kind of payment plan. The only effective way to legally stop this collection process is by exercising your right under federal law to file either Chapter 7 or Chapter 13 bankruptcy.

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.

Rule 10 - Form of Pleadings (a)Caption; Names of Parties; Contact information. Every pleading shall contain a caption setting forth the name of the court, the title of the action, the case number and a designation as in Rule 7(a).

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Arkansas Affidavit in Support of Motion to Discharge Writ of Garnishment