General Process
1. We will review the Wage Garnishment order that the creditor obtained for accuracy, validity, and compliance with laws and regulations and also determine if you are eligible for any exemptions.
2. Exemptions include: Head of Household Exemption - provide more than 50% of the financial support for a dependent may be eligible, Minimum Wage Exemption - generally the lesser of 25% of disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum wage, Social Security and Supplemental Security Income Exemption - unless unpaid taxes or child support, Public Assistance Exemption, and Federal Student Loan Exemption - generally 15%.
3. File a claim of exemption with supporting documentation.
4. Attend the hearing to explain why Wage Garnishment should be reduced or eliminated based on the exemptions.
5. Agreement or Appeal (complete and submit IRS Form 12153, Request for a Collection Due Process or Equivalent Hearing / IRS Form 9423 - CAP procedure, Collection Appeals Program)