The Indiana Final Order in Garnishment (PDF) is a legal document issued by a court of law in the state of Indiana ordering a third party to pay a creditor a portion of a debtor's wages or bank account earnings. This document is used by creditors to collect money owed to them by debtors. There are two types of Indiana Final Order in Garnishment (PDF). The first type, known as a Wage Garnishment, is used to recover money owed from the debtor’s wages. The court orders the employer to withhold a portion of the debtor’s wages and send them directly to the creditor. The second type, known as a Bank Account Garnishment, is used to recover money owed from the debtor’s bank account. The court orders the bank to withhold a portion of the debtor’s money and send it directly to the creditor. Both types of Indiana Final Order in Garnishment (PDF) require the debtor to provide proof that the debt is valid and that the debtor has not already paid it off. The court also requires the debtor to provide proof of income and financial information. The court will then issue a Final Order in Garnishment (PDF) and send it to the employer or bank to begin the garnishment process.
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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.
Limits on Wage Garnishment in Indiana For any given workweek, creditors are allowed to garnish the lesser of: 25% of your disposable earnings, or. the amount by which your weekly disposable earnings exceed 30 times the federal hourly minimum wage.
A garnishment order instructs a third-party who owes money to the defendant, typically the defendant's employer or the defendant's bank, to pay some or all of that money to the plaintiff instead of the defendant. This third party is called a garnishee.
In Indiana, if you owe money to a creditor, like a credit card company, they can take money directly out of your paycheck to collect the overdue debt. This process is called wage garnishment, and it's often used when borrowers stop making payments on their loans or credit card debt.
Wage garnishment in Indiana is allowed under Indiana Code Title 34, Article 25, Chapter 3: Garnishment, and IC 24-4.5-5-105, and federal law 15 U.S.C. 1673(a). A judgment-creditor may seek wage garnishment if it is aware of the debtor's place of employment.
If you reasonably believe that your employer took an adverse action against you based upon the Wage Garnishment Order or the income withholding process, you may file a lawsuit against the employer in a court with jurisdiction.
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.
If wage garnishment means that you can't pay for your family's basic needs, you can ask the court to order the debt collector to stop garnishing your wages or reduce the amount. This is called a Claim of Exemption.