Wage Garnishment Defense Kit

Includes: exemption claim forms · hardship letter template · state limits table · head of household affidavit · checklists

1. UNDERSTAND YOUR RIGHTS (LEGAL REFERENCES)

Under federal law (Title III of the Consumer Credit Protection Act, 15 U.S.C. § 1671–1677) and most state laws, you have powerful defenses. You can stop or reduce garnishment if you prove hardship, head of household status, or that your income is below protected thresholds.

Key federal protections: 15 U.S.C. § 1673(a) – maximum 25% of disposable earnings or amount by which weekly wages exceed 30× federal minimum wage (whichever is less). Many states have lower limits.
Head of household: In many states (e.g., TX, FL, NY, CA) head of household is exempt from garnishment for consumer debts.
Hardship: Courts may reduce or vacate garnishment if you show severe financial hardship – use our template.

2. STATE GARNISHMENT LIMITS TABLE

Check your state’s maximum garnishment rate. Updated 2025 – always verify with state code.

3. HEAD OF HOUSEHOLD CLAIM (AFFIDAVIT)

State	Max garnishment (consumer debt)	Head of household exemption
California	25% or 50% if support	Exempt if head of household (CCP § 706.051)
Texas	Only for child support/taxes	✅ Exempt (most consumer debts)
Florida	25% (but head of household exempt)	✅ Exempt (Fla. Stat. § 222.11)
New York	10% or 25% (if above 30× min wage)	Exempt for head of household (CPLR 5205)
Illinois	15% of gross wages	Exempt if head of household (735 ILCS 5/12-803)
Ohio	25% (but head of household exempt)	✅ Exempt (ORC § 2329.66)
Pennsylvania	Only for child support, taxes, student loans	✅ Exempt (most cases)
Michigan	25% (or 30× min wage)	Partial exemption
Georgia	25% (but head of household exempt)	✅ Exempt (O.C.G.A. § 18-4-20)
North Carolina	25% (but head of household exempt)	✅ Exempt (N.C.G.S. § 1-362)

📄 AFFIDAVIT OF HEAD OF HOUSEHOLD (Exemption from Garnishment)

State of ____________, County of ____________

I, ________________________ (full name), being duly sworn, depose and state:

I am the judgment debtor in the case of _________________ v. _________________, Case No. ____________.
I am the head of a household, as defined under state law (provide more than 50% support for one or more dependents).
My dependents include: ________________________ (names and ages).
I provide more than one-half of the financial support for these dependents.
My weekly disposable earnings are $________, and garnishment would cause extreme hardship.
I request exemption from garnishment pursuant to [state statute] and 15 U.S.C. § 1671.

I declare under penalty of perjury that the foregoing is true and correct.

Date: ____________ Signature: ________________________

Notary public: ________________________ (seal)

➡️ File with court and serve on creditor/garnishor. Attach proof of dependents (tax returns, birth certificates).

4. EXEMPTION CLAIM FORM (GENERIC)

📋 CLAIM OF EXEMPTION FROM WAGE GARNISHMENT

To the court: I, ________________________, claim that my wages are exempt from garnishment for the following reasons (check all that apply):

☐ I am head of household (affidavit attached).
☐ My disposable earnings are below 30× federal minimum wage per week ($217.50/week in 2025).
☐ Garnishment would cause extreme hardship (see hardship letter).
☐ My income is from Social Security, VA, disability, or other exempt benefits.
☐ The debt is too old (statute of limitations).

Supporting documents: pay stubs, tax return, proof of dependents, hardship letter.

I request a hearing to determine exemption. Signature: ________________________ Date: ________

5. HARDSHIP LETTER TEMPLATE (TO JUDGE/CREDITOR)

💌 LETTER OF HARDSHIP – REQUEST TO REDUCE/STOP GARNISHMENT

Date: ____________
To: The Honorable Judge [Court Name] / [Creditor/Law Firm]

Re: [Your Name] vs. [Creditor] – Case No. ____________

I am writing to request an immediate reduction or termination of wage garnishment due to severe financial hardship. I am unable to meet basic living expenses for myself and my dependents.

Monthly income (after taxes): $________
Monthly expenses (rent, food, medical, utilities, transport): $________
Garnishment amount: $________ per month.

Because of the garnishment, I cannot afford: ☐ rent/mortgage ☐ medical care ☐ food ☐ child care. I have attached proof of expenses and income. I request that the court exercise its discretion to reduce the garnishment to a nominal amount or vacate it entirely under 15 U.S.C. § 1673 and state hardship provisions.

I am willing to provide any additional documentation. Thank you for your consideration.

Respectfully,
________________________
Phone: _________________

6. IMMEDIATE ACTION CHECKLISTS

☑️ STOP GARNISHMENT – URGENT CHECKLIST

File Claim of Exemption with court (use form above).

Serve copy on creditor’s attorney (certified mail).

Attach Head of Household affidavit (if applicable).

Attach hardship letter and proof of expenses.

Request emergency hearing (ex parte if needed).

Check state limits table – object if above max.

⚖️ WAGE GARNISHMENT DEFENSE KIT