The Pennsylvania Claim For Exemption From Wage Attachment is a form that individuals may use to protect their wages from being garnished by creditors. It allows individuals to claim an exemption from wage attachment, which is when a creditor takes a portion of an individual’s wages to satisfy a debt. There are three types of Pennsylvania Claim For Exemption From Wage Attachment: 1. The Head of Family Exemption: This exemption applies to individuals who are the head of their family. It allows the individual to claim an exemption from wage attachment of up to 50% of their gross wages or salary. 2. The Earned Income Exemption: This exemption applies to individuals who are earning less than $12,000 per year. It allows the individual to claim an exemption from wage attachment of up to 75% of their gross wages or salary. 3. The Social Security Exemption: This exemption applies to individuals who are receiving social security benefits. It allows the individual to claim an exemption from wage attachment of up to 100% of their gross wages or salary.
Pennsylvania Claim For Exemption From Wage Attachment
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FAQ
(15 U.S.C. § 1673). Some states set a lower limit for how much of your wages are subject to garnishment. In Pennsylvania, garnishments aren't allowed except for certain situations, like for child or spousal support, back rent on a residential lease, and student loans.
The following items are exempt from execution by most creditors under Pennsylvania and Federal law: Most public benefits, Social Security benefits, money in retirement accounts (such as 401ks and pensions), and unemployment benefits. (SocialSecurity benefits are still exempt once they are in the bank.)
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.
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.
You can make a claim for exemption. If you file the claim within 30 days, the clerk will notify the creditor that you are exempt. If you wait until after your wages are garnished, then you'll have to go back to court and get a court order to stop the wage garnishment.
The Department of Revenue is authorized under Act 46 of 2003 to collect unpaid taxes by garnishing the wages of delinquent taxpayers. Under the act, the PA Department of Revenue can order an employer to withhold up to 10 percent of a taxpayer's gross wages and remit them to the department to pay delinquent state taxes.
Pennsylvania does permit what is called "bank garnishment." This means if you have money in a bank, a creditor may obtain a judgment against you in court and garnish whatever money is deposited there ? even if that money is from a direct deposit of wages. Once the money is in the bank, it is subject to garnishment.
Pennsylvania exempts from execution on judgment on a contract all wearing apparel of the debtor and his family, bibles and school books in use in the family, as well as $300 worth of any property owned or in pos- session of the debtor.