Question 1

What is a claim of exemption in Indiana?

Accepted Answer

An Indiana claim of exemption is a request, filed as a Notice of Exemption Rights and Request for Hearing, that you use 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. You file it with the court that issued the judgment, and you can raise it at or before the proceedings supplemental hearing.

Question 2

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

Accepted Answer

An objection challenges whether the garnishment itself is proper, such as a wrong amount or a defect in the process. An Indiana claim of exemption accepts that the judgment exists but says the specific wages or funds are legally protected. You raise the exemption through your Request for Hearing in the proceedings supplemental, and you can point out a defect at the same time.

Question 3

How much of my paycheck can be garnished in Indiana?

Accepted Answer

Indiana follows the federal limit. Under Indiana Code section 24-4.5-5-105, a creditor can take the lesser of 25 percent of your disposable earnings for the week, or the amount by which your weekly disposable earnings exceed 30 times the federal minimum hourly wage. Disposable earnings are what is left after legally required deductions. Some income, such as Social Security, cannot be garnished for ordinary debts at all.

Question 4

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

Accepted Answer

Indiana does not set a fixed number of days. Garnishment runs through a proceedings supplemental, and you may raise your exemption at the hearing set in the order to appear, or request an earlier hearing. Because money can be applied to the judgment while the case runs, raise your claim as soon as you learn of it.

Question 5

What income is exempt from garnishment in Indiana?

Accepted Answer

Social Security, Supplemental Security Income, disability, veterans benefits, and many pensions and public benefits are exempt from garnishment for ordinary debts, no matter how much you owe. A baseline share of ordinary wages is also protected under the federal limit. If exempt benefits are frozen in a bank account, a claim of exemption is how you get them released.

Question 6

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

Accepted Answer

Indiana does not add a separate head-of-household wage exemption, so the same federal wage limit applies whether or not you support a family. You can still protect income that is exempt by source, such as Social Security, disability, or veterans benefits, by raising it in your Request for Hearing and showing the court those funds are protected.

Question 7

Where do I file an Indiana claim of exemption?

Accepted Answer

You file an Indiana claim of exemption with the court that issued the judgment, not with the creditor or your employer. Because garnishment runs through a proceedings supplemental, you file your Notice of Exemption Rights and Request for Hearing in that case, and the court sets a hearing to decide whether the property is exempt.

Question 8

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

Accepted Answer

The court holds a hearing to decide whether your wages or funds are exempt, either at the proceedings supplemental date or at an earlier hearing you request. At the hearing you show the money is protected, and the creditor must justify applying it to the judgment. If the court agrees the money is exempt, it protects those funds from the garnishment.

Indiana Claim of Exemption

Introduction

Key Things to Know

Key decisions before you file

Customize your Claim of Exemption Template with DocDraft

Indiana Requirements for Claim of Exemption

Indiana Filing Deadline and Office

Frequently Asked Questions