Louisiana Garnishment Procedures and Forms Packet

State:
Louisiana
Control #:
LA-SKU-0252
Format:
PDF
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Description

Garnishment Procedures and Forms Packet

The Louisiana Garnishment Procedures and Forms Packet is a comprehensive collection of documents and instructions that allow employers to comply with the state of Louisiana's garnishment laws. This packet includes step-by-step instructions on how to initiate a garnishment, how to respond to a garnishment, and how to properly distribute funds. It also contains all the necessary forms, including the Notice of Garnishment, the Wage Deduction Authorization Form, the Wage Withholding Form, the Garnishment Order, and the Garnishee Statement of Account. There are two types of Louisiana Garnishment Procedures and Forms Packet: those for garnishments of wages and those for garnishments of other assets. The wage garnishment packet includes forms and instructions for withholding wages from an employee's pay, while the other asset garnishment packet includes forms and instructions for levying and collecting assets, such as bank accounts or other property.

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FAQ

The other 75% of your earnings and any other income that can't be garnished by a creditor is considered exempt. In Louisiana, other exemptions include Social Security benefits, unemployment benefits, and worker's compensation, among others.

Wage Garnishment Order (SF-329B): This Wage Garnishment Order is to be completed by the Federal Agency issuing the Wage Garnishment Order, and must be included as part of the form mailed to employers.

Revised Statute 70 defines distraint to include the secretary's right to levy upon and seize and the taxpayer's wages to satisfy any assessment of tax, penalty, or interest due. If you owe monies to LDR that are collectible by distraint, the law allows LDR to garnish your wages for up to 25 percent of your pay.

The written objection should include: the case number (a unique set of numbers or letters specific to your case) your name, address, and phone number. a detailed explanation of your reasons for challenging the garnishment. a request for a hearing if the court has not already set a hearing date.

You do this by filing a Claim of Exemption with the court and mailing it to the judgment creditor, the sheriff or constable who served the collection paperwork, and any third party involved (such as your employer or bank). ? Fill out the Claim of Exemption form completely.

To obtain a wage garnishment, the creditor must first file a lawsuit against you to get a judgment. The judgment gives the creditor the right to take collection actions against you, including wage garnishment. Once the creditor has the judgment, they will need to file a garnishment petition and order with the court.

There are generally only two ways to stop wage garnishment in Louisiana. You can either pay the amount you owe off, or you can file for bankruptcy. If you decide to pay the full amount, you can do this by either paying a one-time lump sum, or you can allow the wage garnishment to continue until the full amount is paid.

In Louisiana (and under federal law), creditors can only garnish the lesser of the following in any given workweek on a per-paycheck basis: 25% of your weekly disposable earnings, or. The amount by which your weekly income exceeds 30 times the federal minimum wage (currently $7.25 per hour). This amounts to $217.50.

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Louisiana Garnishment Procedures and Forms Packet