Arkansas Claim of Exemption
File an Arkansas claim of exemption to stop wage garnishment. Learn what pay is exempt, the 75 percent wage protection, and how the contest process works.
Introduction
An Arkansas claim of exemption is a form you file with the court to protect some or all of your wages or bank funds from a garnishment. An exemption is money the law says a creditor cannot take. After a creditor wins a money judgment, it can serve a writ of garnishment on your employer or bank and pull money you were counting on. In Arkansas you may claim your exemptions by filing a claim with the clerk of the court after the writ is served on the garnishee, and you then notify the creditor, who has a short window to contest it. Arkansas protects 75 percent of your disposable earnings, gives laborers and mechanics extra protection, and shields income like Social Security entirely. Money can be held while the claim is decided, so act quickly. DocDraft prepares an Arkansas claim of exemption from your details, and attorney review is available before you file.
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Key Things to Know
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An Arkansas claim of exemption is a form you file with the clerk of the court to protect some or all of your wages or bank funds from garnishment. It tells the court the money is exempt, meaning the law does not let a creditor take it.
- 2
There is no fixed statutory deadline, but timing matters. Under section 16-110-402 you may file your claim after the writ is served on the garnishee, and you must notify the creditor within 5 days of filing. The creditor then has 10 days to contest, so file as soon as you learn of the garnishment.
- 3
Arkansas protects 75 percent of your pay. For most debtors you keep the greater of 75 percent of your disposable earnings or the amount by which weekly earnings exceed 30 times the federal minimum wage, matching the federal floor.
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Laborers and mechanics get extra protection. Under section 16-66-208 the first 25 dollars per week of a laborer's or mechanic's net wages is absolutely exempt, and up to 60 days of wages can be exempt within the state constitutional limits.
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Supporting a family raises the personal property limit. A married person or head of a family has a 500 dollar constitutional personal property exemption, versus 200 dollars for a single person, which factors into the 60-day wage exemption for laborers and mechanics.
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Some income is exempt no matter the debt. Social Security, disability, veterans benefits, and many pensions and public benefits are protected, and a claim of exemption is how you free those funds if a bank has frozen them.
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Filing can lead to a hearing. A hearing is held only if the creditor contests your claim within 10 days, where you show the money is protected and the creditor must justify the garnishment.
Key decisions before you file
Before you file a Claim of Exemption in Arkansas, a few decisions shape the document: which option to choose and what each one means. The Claim of Exemption guide walks through them.
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Arkansas Requirements for Claim of Exemption
Arkansas Filing Deadline and Office
File the Arkansas claim of exemption with the correct office, the court or the levying officer as Arkansas directs, within the state's window after the garnishment is served. Money is usually held until the claim is decided, so filing late can forfeit wages the law would otherwise protect.