Threats of wage garnishment can be very upsetting if you live on a limited income and rely on food stamps to help reduce your grocery bill. Laws in your state may offer you some protection against garnishment, but this protection isn't always automatic. You'll have to take action to protect your wages.
State Garnishment Laws
If you are eligible for food stamps, you may have some protection against wage garnishment. In some states, such as Wisconsin, food stamp recipients are exempt from wage garnishment. Other states may not automatically exempt food stamp recipients from garnishment, but will allow you to request an exemption on the basis of economic hardship.
Requesting an Exemption
When you receive notification of a wage garnishment, the court or agency enforcing the garnishment typically includes information on requesting an exemption. If you can't find this information in the notice, contact the issuing court or agency and ask for details on the exemption process. This usually involves completing a form and providing documentation of your financial status. You may also have to participate in a court hearing.
Getting Help
If you have difficulty understanding the exemption laws in your state, or can't figure out how to file for an exemption, contact your local legal aid office for help.
References
- Nolo: Wisconsin Wage Garnishment Law
- Nolo: Using Exemptions to Protect Your Wages From Garnishment
- Nolo: How to Object to a Wage Garnishment
- Department of Labor. "Garnishment." Accessed Feb. 13, 2020.
- Michigan Legal Help. "An Overview of Garnishment." Accessed Feb. 13, 2020.
- Cornell Law School Legal Information Institute. "Consumer Credit Protection Act of 1968 -15 U.S. Code § 1673.Restriction on Garnishment." Accessed Feb. 13, 2020.
- Cornell Law School Legal Information Institute. "Consumer Credit Protection Act of 1968 - 15 U.S. Code § 1672.Definitions." Accessed Feb. 13, 2020.
- Department of Labor. "Fact Sheet 30: The Federal Wage Garnishment Law, Consumer Credit Protection Act's Title III," Page 2. Accessed Feb. 13, 2020.
- United States Department of Labor. "Minimum Wage." Accessed Feb. 13, 2020.
- Department of Labor. "Fact Sheet 30: The Federal Wage Garnishment Law, Consumer Credit Protection Act's Title III," Page 3. Accessed Feb. 13, 2020.
- California Courts. "If You Do Not Pay Your Judgment." Accessed Feb. 13, 2020.
- Office of the U.S. Courts. "Discharge in Bankruptcy – Bankruptcy Basics." Accessed Feb. 13, 2020.
- Cornell Law School Legal Information Institute. "United States Bankruptcy Code - 11 U.S. Code § 523.Exceptions to Discharge." Accessed Feb. 13, 2020.
Writer Bio
Lainie Petersen writes about business, real estate and personal finance, drawing on 25 years experience in publishing and education. Petersen's work appears in Money Crashers, Selling to the Masses, and in Walmart News Now, a blog for Walmart suppliers. She holds a master's degree in library science from Dominican University.