Pennsylvania Claim of Exemption
Pennsylvania bars wage garnishment for most consumer debts. File a claim of exemption to protect exempt funds in a frozen bank account and the $300 exemption.
Introduction
A Pennsylvania claim of exemption is a form you file to tell a court that money a creditor is trying to take by garnishment is exempt, meaning the law protects it. Pennsylvania does not allow wage garnishment for most consumer debts like credit cards, medical bills, or personal loans, so a creditor generally cannot take your paycheck for those judgments. Wage attachment is allowed only in narrow cases, such as a judgment on a residential lease, support orders, and certain taxes and PHEAA student loans. But once your wages are deposited, a creditor can still attach your bank account, and that is where a claim of exemption matters most. You use it to protect exempt funds, including wages already paid, Social Security and other benefits, and Pennsylvania's general 300 dollar exemption. DocDraft prepares a Pennsylvania 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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A Pennsylvania claim of exemption is a form that tells a court money a creditor is trying to take is exempt, meaning the law protects it. Because Pennsylvania rarely allows wage garnishment, it is most often used to protect funds a creditor has frozen in a bank account.
- 2
Pennsylvania does not allow wage garnishment for most consumer debts. Under 42 Pa.C.S. 8127, ordinary creditors such as credit card, medical, and personal loan lenders generally cannot attach your paycheck for those judgments.
- 3
Wage attachment is allowed only in narrow cases. These include a judgment on a residential lease, support orders, and certain taxes and PHEAA student loans, which are treated differently from ordinary consumer debt.
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A bank account can still be reached. Once wages are deposited they may lose their wage protection, but Pennsylvania's general 300 dollar exemption and other exemptions still shield funds, and a claim of exemption is how you protect them.
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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.
- 6
If an allowed wage attachment does apply, act within 30 days. For an allowed wage attachment, such as a residential lease judgment, you file a Claim for Exemption from Wage Attachment with the Prothonotary of the Court within 30 days of service of the Notice of Intent to Attach Wages. On a residential lease judgment, the amount taken is capped at the lesser of 10 percent of your net wages per pay period or a sum that does not push your net income below the federal poverty guidelines.
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Filing puts the question before a judge. A claim of exemption asks the court to release the protected money, and the creditor must justify keeping any funds you say are exempt.
Key decisions before you file
Before you file a Claim of Exemption in Pennsylvania, 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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Pennsylvania Requirements for Claim of Exemption
Pennsylvania Filing Deadline and Office
File the Pennsylvania claim of exemption with the correct office, the court or the levying officer as Pennsylvania 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.