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How to File a Claim of Exemption

A claim of exemption is the document that tells the court: "this money is protected — you can't take it." It's the single most important defensive move in wage garnishment, and most people never file one because nobody tells them it exists.

Deadlines are everything

Claim windows are short and vary wildly: Nebraska gives you 3 business days. Wyoming gives 5 days. Many states give 10–15 days. California has no fixed debtor deadline. Miss the window and the garnishment proceeds at the default rate.

What to file

Every state has its own form with its own name — Claim of Exemption, Motion to Quash, Affidavit of Exemption. Your state page names the exact form. File it with the court (or levying officer, in some states) and serve a copy on the creditor.

What happens next

The creditor can oppose your claim, which usually triggers a hearing before a judge. This is your chance to show pay stubs, budgets, and proof that the income is exempt. Our kit includes a hearing script — what to say, what never to say.

Common mistakes

• Filing late — the #1 killer of valid claims
• Filing with the wrong office (some states want the sheriff, not the court)
• Not serving the creditor
• Claiming exemptions without attaching proof