Delaware Claim of Exemption
File a Delaware claim of exemption to stop wage garnishment. Learn what pay is exempt, that 85 percent of wages is protected, and how to raise it with the court.
Introduction
A Delaware claim of exemption is a request 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 attach your wages or bank account and pull money you were counting on. Delaware protects far more of your pay than the federal minimum: 85 percent of the wages for your labor or service is exempt from attachment under state law. The Delaware Code does not spell out a single deadline or form for a debtor to claim a wage exemption, so you raise the exemption with the court that issued the judgment and should act quickly and confirm the current procedure. Income like Social Security is off limits entirely. DocDraft prepares a Delaware claim of exemption from your details, and attorney review is available before you file.
Key Things to Know
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A Delaware claim of exemption is a request you file with 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.
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Delaware protects 85 percent of your wages. Under 10 Del. C. section 4913 eighty-five percent of the wages for your labor or service is exempt from attachment, which shields far more of your pay than the federal minimum.
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There is no single fixed deadline or form. The Delaware Code and court forms do not spell out one deadline or procedure to claim a wage exemption, so act quickly and confirm the current process with the court that issued the judgment.
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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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Money can be held while the question is decided. Because funds are held until the court resolves the exemption, raising your claim quickly limits what you lose.
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Only one wage garnishment can run at a time. Delaware allows only one wage garnishment to be active at a time, which affects how creditors line up against your pay.
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You raise the exemption with the court. Generally, claiming the exemption puts the question before the court that issued the judgment, which can release protected money and stop or reduce the garnishment.
Key decisions before you file
Before you file a Claim of Exemption in Delaware, 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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Delaware Requirements for Claim of Exemption
File the Delaware claim of exemption with the correct office, the court or the levying officer as Delaware 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.
Frequently Asked Questions
A Delaware claim of exemption is a request you file with the court to protect wages or bank funds from a garnishment. It tells the court that some or all of the money is exempt, meaning the law does not let a creditor take it. Delaware exempts 85 percent of the wages for your labor or service under 10 Del. C. section 4913, and you raise the exemption with the court that issued the judgment.
An objection challenges whether the garnishment itself is proper, such as a wrong amount, the wrong person, or a defective attachment. A Delaware claim of exemption accepts the judgment but says the specific wages or funds are legally protected, for example the 85 percent of wages the statute exempts. You can raise a defect and claim your exemption together with the court that issued the judgment.
Delaware protects more of your pay than federal law. Under 10 Del. C. section 4913, eighty-five percent of the wages for your labor or service is exempt from attachment, so a creditor can generally reach at most 15 percent of those wages. That leaves most of your paycheck protected, and exempt benefits such as Social Security are protected in full.
Delaware law does not set a single fixed deadline or a specific form for a debtor to claim a wage exemption. Because money can be held once an attachment takes effect, raise your exemption with the court as soon as you learn of the garnishment and confirm the current procedure with the court that issued the judgment.
Social Security, Supplemental Security Income, veterans benefits, disability, and many pensions and public benefits are exempt from garnishment for ordinary debts, no matter how much you owe. Delaware also exempts 85 percent of the wages for your labor or service. If exempt benefits are frozen in a bank account, a claim of exemption is how you get the bank to release them.
Delaware does not add a separate head-of-household wage exemption, but its 85 percent wage protection is already among the strongest in the country and applies whether or not you support dependents. If the garnishment still leaves you unable to cover basic necessities, explain your household income and expenses to the court when you raise your exemption.
You raise your Delaware claim of exemption with the court that issued the judgment. Because the Delaware Code and court forms do not publish a single exemption form or procedure for wage garnishment, contact that court to confirm how to file, or have an attorney help you present the 85 percent wage exemption and any exempt benefits.
Generally, raising your exemption puts the question before the court that issued the judgment. The court reviews whether the wages or funds are protected, and if it agrees, it releases the protected money and stops or reduces the garnishment. Because Delaware does not publish a set procedure, confirm the next steps and any hearing with the court after you file.