DocDraft Logo

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.

0/5000

Key Things to Know

  1. 1

    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. 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. 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.

  4. 4

    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.

  5. 5

    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. 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.

  7. 7

    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.

Open the Claim of Exemption guide

Customize your Claim of Exemption Template with DocDraft

CLAIM FOR EXEMPTION FROM WAGE ATTACHMENT (PENNSYLVANIA - CLAIM OF EXEMPTION)

Filed under 42 Pa.C.S. 8127. Pennsylvania does not allow wage garnishment for most consumer debts, so this claim is used to protect an allowed wage attachment or, more often, to protect exempt funds a creditor has frozen in a bank account. The judgment debtor claims that some or all of the money is exempt and asks the court to release it.

  1. COURT AND CASE Court: [COURT NAME] Prothonotary office: [PROTHONOTARY / COUNTY] Case number: [CASE NUMBER] Attachment or writ number: [NUMBER, IF ANY]

  2. PARTIES Judgment creditor: [CREDITOR NAME] Judgment debtor (you): [DEBTOR NAME] Debtor address: [DEBTOR ADDRESS]

  3. WHAT IS BEING ATTACHED [ ] Funds in my account at: [BANK NAME] [ ] Wages under an allowed attachment (for example, a residential lease judgment) from: [EMPLOYER NAME] Approximate amount being taken: $[AMOUNT]

  4. EXEMPTION CLAIMED I claim that the money is exempt for the following reason(s): [ ] The funds are wages already paid to me, which are protected from garnishment for most consumer debts. [ ] Pennsylvania's general 300 dollar exemption applies to these funds. [ ] The money comes from an exempt source: [SOCIAL SECURITY / DISABILITY / VETERANS BENEFITS / PENSION / OTHER]. [ ] On an allowed residential lease wage attachment, no more than 10 percent of my net wages, and not enough to push my net income below the federal poverty guidelines, may be taken. Amount I ask the court to protect: $[AMOUNT CLAIMED EXEMPT]

  5. SOURCE OF THE FUNDS Describe where the money comes from: [DESCRIPTION OF WAGES OR DEPOSITED FUNDS]

  6. FINANCIAL STATEMENT (attach if the court requires one) Monthly take-home income: $[INCOME] Monthly necessary expenses: $[EXPENSES] Number of people I support: [NUMBER OF DEPENDENTS]

  7. REQUEST FOR HEARING I ask the court to set a hearing on this claim and to protect the exempt money until the matter is decided.

  8. VERIFICATION I declare under penalty of perjury under the laws of the Commonwealth of Pennsylvania that the statements above are true and correct.

Debtor signature: [SIGNATURE] Printed name: [NAME] Date: [DATE]

Note: For an allowed wage attachment, file this 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. For a frozen bank account, raise your exemptions in that attachment proceeding without delay. Confirm the current form and deadlines, or have this reviewed by an attorney, before you file.

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.

Frequently Asked Questions

In Pennsylvania a claim of exemption is a form telling a court that money a creditor is trying to take is exempt, meaning the law does not let a creditor have it. Because Pennsylvania bars wage garnishment for most consumer debts, it is most often used to protect funds a creditor has frozen in your bank account, such as wages already paid or exempt benefits.

Not for most debts. Under 42 Pa.C.S. 8127 Pennsylvania does not allow wage garnishment for ordinary consumer debts like credit cards, medical bills, or personal loans. It is permitted only in narrow cases, such as a residential lease judgment, support orders, and certain taxes and PHEAA student loans. For everyday consumer judgments, a creditor cannot take your paycheck.

For ordinary consumer debts, generally none. Pennsylvania does not allow wage garnishment for credit card, medical, or personal loan judgments, so your paycheck is protected while your employer holds it. Wages can be attached only in narrow cases like a residential lease judgment, where the amount is capped at the lesser of 10 percent of your net wages or a sum that keeps your net income above the federal poverty guidelines.

When an allowed wage attachment applies, such as a residential lease judgment, you file a Claim for Exemption from Wage Attachment with the Prothonotary within 30 days of service of the Notice of Intent to Attach Wages. If a creditor has instead frozen your bank account, act quickly and confirm the response date on the notice, because money is held while the claim is decided.

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. Wages are also strongly protected before they are paid. Pennsylvania's general 300 dollar exemption shields a baseline of funds, and a claim of exemption is how you free exempt money a bank has frozen.

In Pennsylvania your wages are already protected from garnishment for most consumer debts, so supporting a family is usually not something you have to prove to keep your paycheck. If a creditor freezes a bank account holding your wages or benefits, you file a claim of exemption to protect exempt funds, including Pennsylvania's general 300 dollar exemption and any exempt benefits.

You file a Claim for Exemption from Wage Attachment with the Prothonotary of the Court that entered the judgment. If a creditor has frozen your bank account instead, you raise your exemptions in that attachment proceeding in the same court. In either case, you are asking the court, not the creditor, to find the money exempt and release it.

After you file, the court reviews your claim and the creditor must justify keeping any funds you say are exempt. If the court agrees the money is protected, it releases those funds and stops or reduces the attachment. Because money is held while the claim is decided, filing promptly and identifying every exempt source limits what you lose.