Pennsylvania Claim for Exemption from Wage Attachment

State:
Pennsylvania
Control #:
PA-SKU-1360
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PDF
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CLAiM FOR EXEMPTION FROM WAGE ATTACHMENT

How to fill out Pennsylvania Claim For Exemption From Wage Attachment?

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FAQ

Pennsylvania judgments are valid for 5 years. Judgments can be revived every 5 years and should be revived if a creditor is attempting to actively collect on the debt. Judgments also act as a lien against real property for up to 20 years or longer if properly revived.

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.

If you lose the lawsuit, a judgement is entered against you stating that you owe someone a certain amount of money. A copy will be given to you and the creditor. You usually have 30 days to appeal judgments. If you do not appeal, the creditor can pay a PA constable or sheriff money to try to collect the money from you.

(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.

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.

In addition to seizing bank accounts, you can also have the sheriff levy and sell personal assets of the debtor to collect a judgment in Pennsylvania. Personal assets can include furniture, tv's, jewelry, guns and firearms, other valuables or antiques.

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.)

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.

More info

Complete and send a copy of your claim of exemption to the judgment creditor. Instructions. Judgment Creditor (person who money is paid to) must fill out this section and attach to one copy of the wage execution application (JD-CV-3).These exemptions protect certain income like Social Security or unemployment benefits from being garnished. You'll have to fill out your name, creditor's name and case number and describe the exemption you seek plus evidence for the claim. To protect your income from wage garnishments, you need to file an exemption claim with the court that issued the garnishment order. This is called garnishment. But, salary can't be garnished if after taxes, it is less than 30 times minimum wage. Workers' compensation payments for wage replacement, whether paid periodically or in a lump sum;; termination pay (e.g. Portion of their wages until your judgment is paid in full. To request review of your completed forms: 1. 2. 3.

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Pennsylvania Claim for Exemption from Wage Attachment