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Do I qualify for a garnishment hardship?

Miami, OK |

i just received a letter stating my paycheck will be garnished. I am a single mother of two under the age of 12 urs. They are both addopted with special needs,

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Attorney answers 1


Maybe. In Oklahoma, there are some types of money that are protected from garnishment by a creditor such as social security. You can apply for an “undue hardship” exemption” if you have a family to support. An “undue hardship” exemption is where the court decides that all of your money must go to support your family and you do not have anything left over to pay the creditor. You must have a family or dependents that depend on your income to live before you can ask for an undue hardship exemption.

Time is VERY IMPORTANT when you ask for a hardship exemption. YOU MUST FILE FOR THE EXEMPTION WITHIN 5 (FIVE) DAYS FROM THE DATE THAT YOU RECEIVE YOUR GARNISHMENT NOTICE!! Your employer should receive a form called “Claim For Exemption and Request For Hearing” with the notice of the garnishment. Your employer should give YOU this form. This is the form you will use to ask the court for your hardship exemption. If your employer does not get this form, you can get one at the courthouse.

Fill the form out. You will need to know your case number and the name of the case. Check the box that says you are asking for an exemption because of undue hardship. You will also need the name and address of the creditor’s attorney. Take copies of the form and then file the original with the court clerk. The court clerk will give you a time and a date for a hearing on your hardship exemption request. You will also need to fill out an “Income and Expense Worksheet” to take with you to your hearing. One is attached to this sheet or you can get one from the court clerk. You will need to bring the worksheet to your hearing. You will also need to bring any proof of your income and expenses such as pay stubs, rent receipts, utility bills, car payment coupons, etc. Bring proof only for your basic living necessities; the judge will not consider any other debts to creditors who do not have judgments against you. If the judge gives you an exemption, it may only be good for a short period of time and you may have to apply for another exemption in the future.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.