Arkansas Suggestion for Writ of Garnishment

State:
Multi-State
Control #:
US-00987
Format:
Word; 
Rich Text
Instant download

Description

This form is a Suggestion for a Writ of Garnishment. Plaintiff obtained a judgment against defendant and in the process of collection, the plaintiff requests that garnishment be placed on the property of the defendant to satisfy the judgment. Therefore, the court orders that a writ of garnishment be granted in favor of plaintiff.
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FAQ

In general, garnishments can't exceed 25 percent of your disposable (after deductions) wages. Arkansas offers additional protection for certain categories of workers, however. Also, under Arkansas law, the total amount of the garnishment cannot exceed thirty times the current minimum wage.

You can also stop most garnishments by filing for bankruptcy. Your state's exemption laws determine the amount of income you'll be able to keep.

Arkansas has strict laws that allow creditors to garnish up to 25 percent of a person's paycheck as well as their bank accounts. Once a judgment has been entered, the garnishment process usually begins.

So, federal law governs in Arkansas (with one exception, see below): If your disposable earnings are 30 times minimum wage or less, your wages can't be garnished.

Collect evidence showing how detrimental the wage garnishment is to your financial stability or how you qualify for an exemption. In either case, the creditor may agree to a solution that doesn't involve a garnishment, such as an adjustment payment plan or a settlement for a lump sum.

Federal law limits wage garnishments to 25% of your disposable income (15% for federal student loans) or the amount exceeding 30 times the federal minimum wage, whichever is less.

And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In Arkansas, a judgment lien can be attached to real estate only (such as a house, condo, or land).

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Arkansas Suggestion for Writ of Garnishment