Question 1

What is a claim of exemption in Iowa?

Accepted Answer

An Iowa claim of exemption is a court filing, such as a Motion to Quash Garnishment or an Affidavit of Property Exempt from Execution, 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 Iowa District Court where the judgment was entered within 10 days of being served.

Question 2

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

Accepted Answer

An objection challenges whether the garnishment itself is proper, such as a wrong amount or a defect in the notice, which in Iowa you raise with a Motion to Quash. A claim of exemption says the specific wages or funds are legally protected, which you raise with an Affidavit of Exemption. You can file within the same 10-day window and raise both.

Question 3

How much of my paycheck can be garnished in Iowa?

Accepted Answer

It depends on the debt. Under Iowa Code section 537.5105, for a consumer debt a creditor can take only the lesser of 25 percent of your weekly disposable earnings or the amount by which they exceed 40 times the federal minimum wage. Other judgments use the federal formula. Iowa also caps the total that can be garnished in a year based on your income.

Question 4

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

Accepted Answer

You have 10 days. To contest the garnishment you must file a Motion to Quash, an Answer, an Affidavit of Exemption, or another appropriate pleading within 10 days from the date the Notice of Garnishment was served on you. Because the window is short and money is withheld while it runs, file as soon as you learn of the garnishment.

Question 5

What income is exempt from garnishment in Iowa?

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. Iowa also protects a large share of wages, especially for consumer debt, and caps yearly garnishment. 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 Iowa?

Accepted Answer

Iowa does not add a separate head-of-household wage exemption, but it protects more of your pay than federal law for consumer debt and caps the total garnished each year based on your income, which helps lower earners the most. You can also protect income that is exempt by source, such as Social Security or disability, by identifying it in your filing.

Question 7

Where do I file an Iowa claim of exemption?

Accepted Answer

You file an Iowa claim of exemption with the Iowa District Court where the judgment was entered, generally through the Iowa Judicial Branch electronic filing system, not with the creditor or your employer. You file your Motion to Quash or Affidavit of Exemption there within 10 days of being served with the Notice of Garnishment.

Question 8

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

Accepted Answer

After you file, the court reviews your Motion to Quash or Affidavit of Exemption and may set a prompt hearing. At the hearing you show that your wages or funds are exempt, and the creditor must justify the garnishment. If the court agrees the money is protected, it releases those funds and stops or reduces the garnishment. If you miss the 10 days, the garnishment usually continues.

Iowa Claim of Exemption

Introduction

Key Things to Know

Key decisions before you file

Customize your Claim of Exemption Template with DocDraft

Iowa Requirements for Claim of Exemption

Iowa Filing Deadline and Office

Frequently Asked Questions