The Pennsylvania Claim for Exemption from Wage Attachment is a form that allows certain individuals to protect their wages from being garnished by creditors. This form is available to individuals who are financially responsible for the support of themselves, their dependents, or both. The exemption is granted to individuals whose wages are deemed necessary for those persons in need of financial support. There are two types of Pennsylvania Claim for Exemption from Wage Attachment available: one for individuals and one for families. The individual exemption is for those with no dependents, while the family exemption is for those with dependents. Both forms require the claimant to provide the court with information about their income, assets, and debts. The court will then determine whether the exemption applies. If it does, the wages of the claimant will be exempt from garnishment.
Pennsylvania Claim for Exemption from Wage Attachment
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How to fill out Pennsylvania Claim For Exemption From Wage Attachment?
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FAQ
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 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.
(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.
Another way to stop a wage garnishment is by negotiating with your creditor. Many creditors are reluctant to settle debts once they have a garnishment. However, an attorney can help you negotiate the best settlement by offering a lump sum amount or payment terms.
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.
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.
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.
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.