Question 1

What is a claim of exemption in Delaware?

Accepted Answer

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.

Question 2

What is the difference between a claim of exemption and an objection to a garnishment in Delaware?

Accepted Answer

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.

Question 3

How much of my paycheck can be garnished in Delaware?

Accepted Answer

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.

Question 4

How long do I have to file a claim of exemption in Delaware?

Accepted Answer

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.

Question 5

What income is exempt from garnishment in Delaware?

Accepted Answer

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.

Question 6

Can I protect my wages if I support my family in Delaware?

Accepted Answer

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.

Question 7

Where do I file a Delaware claim of exemption?

Accepted Answer

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.

Question 8

What happens after I file a claim of exemption in Delaware?

Accepted Answer

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.

Delaware Claim of Exemption

Introduction

Key Things to Know

Key decisions before you file

Customize your Claim of Exemption Template with DocDraft

Delaware Requirements for Claim of Exemption

Delaware Filing Deadline and Office

Frequently Asked Questions