Arkansas Sample Letter for Writ of Garnishment
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How to fill out Sample Letter For Writ Of Garnishment?
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FAQ
If the consumer creditor ? also called the judgment creditor ? successfully gets a court judgment against you, it may then request a writ of garnishment from the court. Your employer ? also known as the garnishee ? will then be served with the garnishment order.
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.
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.
Under the Consumer Credit Protection Act, the maximum amount allowed to be garnished from disposable earning income may NOT exceed 25%. Therefore, in order for wages to be garnished, you must make 30% of minimum wage for a 40-hour week. Following is a chart which indicates the disposable income which may be garnished.
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.
At a minimum, your written objection to the garnishment should include the following information: the case number and case caption (ex: "XYZ Bank vs. John Doe") the date of your objection. your name and current contact information. the reasons (or "grounds") for your objection, and. your signature.
