Find out what you can do if money is being taken from your wages to pay debts.
- Can money be taken out of my pay if I owe a creditor money?
- How do I ask the court to lower the amount or ask for an exemption?
- The court hearing
- For more information
Can money be taken out of my pay if I owe a creditor money?
Yes, but ONLY after you are sued and a court judgment orders you to make payments.This means, the following things have to happen:
- A creditor sued you. (A creditor is someone who says you owe him/her money).
- You received the court papers in the official way. This means the creditor:
- Arranged for a state marshal (formerly sheriff) to hand deliver the papers to you or leave the papers where you live (usually done by leaving the papers with someone in your household or putting the papers under your door).
- Mailed a copy of the court papers if you were sued in Small Claims Court.
- A judge decided that the creditor won the lawsuit and that you owed the creditor a certain amount of money.
- You missed making at least one of the weekly payments that a judge ordered you to make.
Once these things happen, the creditor can get a court order forcing your employer to take money from your wages to pay the debt(s). The court order is called a "wage execution," "wage garnishment" or "wage attachment."
Your employer must give you a copy of the wage execution order as soon it is received it from the court. You have 20 days from the "date of service" written on the wage execution form before any money can be taken out of your pay.
As soon as you have the execution form:
- Make sure your employer is not taking too much out of your pay. Ask your employer to show you how they came up with the amount to be taken out.
State law says your employer must leave you with at least $330 to take home each week or 75% of your take home pay each week, whichever is more. If your weekly take home pay is $330 or less, nothing may be taken out of your pay for the wage execution. (See "Special Rules on Child Support.")
- It is best if you do these things within 20 days of your employer receiving the court order.Even if the amount is correct, ask the court to lower the amount if you cannot afford to have that much taken out. (See next question).
- Ask for an "exemption" by completing the form your employer gives you (Exemption & Modification form). Exempt wages are those that cannot be taken out of your pay. (See "Important Facts" #2 in this article.)
How do I ask the court to lower the amount or ask for an exemption?
Fill out the Exemption & Modification Claim form and file it with the court.
If you file the form after the 20-day period, the original amount the court ordered will be taken out of your pay until (1) a hearing is held and the judge orders another amount or (2) the parties come to an agreement.
If you file the form within the 20-day period, no money can be taken out of your pay until a hearing is held and the judge makes a decision.
The court hearing
A hearing will be held in court so you can explain to the judge why you need less money taken out of your pay. Before the court hearing, prepare a basic budget which shows how much money you need to support yourself and your family. Explain the size of your family, your debts, and unusual expenses.
You may want your own attorney if you did not get the legal papers or you do not owe the debt.
Special Rules for Wage Attachment for Child Support:
The rules are different for child support. For more information, call Statewide Legal Services (1-800-453-3320).
In child support, the wage attachment is done through a "Withholding Order for Support" (rather than a "Wage Execution").
If you earn $145 or more per week, you have to be left with $123.25 per week. If you earn less than $145 per week, you have to be left with 85% of your income. This minimum amount is called an "exemption." (For example, if you earn $130 per week, you must be left with $110.50 per week.)
If you are in court when the wage withholding is issued, the court will explain out loud about your right to the minimum exemption amount. If you are not in court, a notice must be sent by certified mail to your last known address.
You can ask for a hearing within 15 days of getting the notice (or finding out about the withholding if you did not get a notice) and claim either that:
1. It was a mistake for the order to enter against you, or
2. You have not been left with the minimum exemption.
Note: If the amount of a child support order is more than the amount ordered taken out of your pay, you must make sure the full amount of the support order is paid. If the full amount of support is not paid, you will still owe this back-due support (called an arrearage). You might think about asking he court to change the child support order. (See the legal aid article, How to Modify Child Support.)
Important Facts:
1. You should see a lawyer the day you get the legal papers so he/she can help you. There may be laws that the lawyer can use to reduce the debt.
2. If you are receiving welfare and working under a work incentive earnings or similar program, none of your wages may be taken by a wage attachment. You must tell this to the court or else money will still be taken from your wages.
3. You should be left with 40 times the minimum wage to take home--unless the withholding is for child support. (See Special Rules for Child Support in this article.)
4. You cannot be fired or otherwise disciplined simply because your wages have been attached, unless more than seven executions are served on your employer in a calendar year.
This pamphlet was produced by the Legal Assistance Resource Center of CT in cooperation with Connecticut Legal Services, Greater Hartford Legal Aid, New Haven Legal Assistance Assoc. and Statewide Legal Services.
The information in this pamphlet is based on the laws in CT as of January 2010. We hope that the information is helpful. It is not intended as legal advice for an individual situation. If you need further help and have not done so already, please call Statewide Legal Services (see above) or contact an attorney.
