NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT OF WAGES,
MONEY, AND OTHER PROPERTY
The Writ of Garnishment delivered to you with this Notice means that wages, money, and other property
belonging to you have been garnished to pay a court judgment against you. HOWEVER, YOU MAY BE ABLE TO
KEEP OR RECOVER YOUR WAGES, MONEY, OR PROPERTY. READ THIS NOTICE CAREFULLY.
State and federal laws provide that certain wages, money, and property, even if deposited in a bank, savings
and loan, or credit union, may not be taken to pay certain types of court judgments. Such wages, money, and
property are exempt from garnishment. The major exemptions are listed below on the form for Claim of Exemption
and Request for Hearing. This list does not include all possible exemptions. You should consult a lawyer for specific
TO KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY FROM BEING GARNISHED OR
TO GET BACK ANYTHING THAT HAS ALREADY BEEN TAKEN, YOU MUST COMPLETE A
FORM FOR CLAIM OF EXEMPTION AND REQUEST FOR HEARING AS SET FORTH
BELOW AND HAVE THE FORM NOTARIZED. YOU MUST FILE THE FORM WITH THE
CLERK’S OFFICE WITHIN 20 DAYS AFTER THE DATE YOU RECEIVE THIS NOTICE OR
YOU MAY LOSE IMPORTANT RIGHTS. YOU MUST ALSO MAIL OR DELIVER A COPY OF
THIS FORM TO THE PLAINTIFF AND THE GARNISHEE AT THE ADDRESSES LISTED ON
THE WRIT OF GARNISHMENT.
If you request a hearing, it will be held as soon as possible after your request is received by the court. The plaintiff
must file any objection within 2 business days if you hand delivered to the plaintiff a copy of the form for Claim of
Exemption and Request for Hearing, or, alternatively, 7 days if you mailed a copy of the form for claim and request
to the plaintiff. If the plaintiff files an objection to your Claim of Exemption and Request for Hearing, the clerk will
notify you and the other parties of the time and date of the hearing. You may attend the hearing with or without an
attorney. If the plaintiff fails to file an objection, no hearing is required, the writ of garnishment will be dissolved,
and your wages, money, or property will be released.
YOU SHOULD FILE THE FORM FOR CLAIM OF EXEMPTION IMMEDIATELY TO KEEP
YOUR WAGES, MONEY, OR PROPERTY FROM BEING APPLIED TO THE COURT
JUDGMENT. THE CLERK CANNOT GIVE YOU LEGAL ADVICE. IF YOU NEED LEGAL
ASSISTANCE YOU SHOULD SEE A LAWYER. IF YOU CANNOT AFFORD A PRIVATE
LAWYER, LEGAL SERVICES MAY BE AVAILABLE. CONTACT YOUR LOCAL BAR
ASSOCIATION OR ASK THE CLERK’S OFFICE ABOUT ANY LEGAL SERVICES PROGRAM
IN YOUR AREA.
CLAIM OF EXEMPTION AND REQUEST FOR HEARING
I claim exemptions from garnishment under the following categories as checked:
Head of family wages. (You must check “a” or “b” below)
I provide more than one-half of the support for a child or other dependent and have net earnings of
$500 or less per week.
I provide more than one-half of the support for a child or other dependent, have net earnings of
more than $500 per week, but have not agreed in writing to have my wages garnished.
Social Security benefits.
Supplemental Security Income benefits.
Public assistance (welfare).
Retirement or profit-sharing benefits or pension money.
Life insurance benefits or cash surrender value of a life insurance policy or proceeds of annuity contract.
Disability income benefits.
Prepaid College and Trust Fund or Medical Savings Account.
Other exemptions as provided by law (explain) _______________________________________________