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Limits on Wage Garnishment in Indiana For any given workweek, creditors are allowed to garnish the lesser of: 25% of your disposable earnings, or. the amount by which your weekly disposable earnings exceed 30 times the federal hourly minimum wage.
At a minimum, your written objection to the garnishment should include the following information: the case number and case caption (ex: "XYZ Bank vs. John Doe") the date of your objection. your name and current contact information. the reasons (or "grounds") for your objection, and. your signature.
Indiana Wage Garnishment Process Wage garnishment laws vary by state. To get a wage garnishment in the state of Indiana, a creditor first needs to sue you in court for the debt you owe. If you don't show up to the court to challenge the creditor's lawsuit, then the court will issue a default judgment against you.
Indiana law allows some property and other assets to be exempt, including real estate equity up to $19,300 if it's your personal residence. If you file jointly with a spouse, you can double the exemption amount. Indiana also exempts some specific retirement and insurance benefits and personal property.
Once a creditor has a judgment in its favor, under Indiana law, it has a LONG time to look to garnish the debtor's wages: 20 years for most judgments, which means a creditor can wait two decades to see if a debtor starts earning more money, before garnishing the debtor's wages or salary.
The Court entered a judgment against you. When a judgment does not get paid, the Plaintiff is allowed to ask the Court to require the Defendant to come to a hearing so the Plaintiff can find out if the Defendant has any income or property which the Court can require the Defendant to use to pay towards the judgment.
After the judgment is obtained, the creditor can enforce the lien right for the first ten years by attempting to foreclose on any real property or personal property the judgment debtor owns.
Indiana Wage Garnishment Process If you don't show up to the court to challenge the creditor's lawsuit, then the court will issue a default judgment against you. In either case, the creditor can use this judgment to initiate the wage garnishment process.