Hardship Exemption in Wage Garnishment Laws in Oklahoma

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Oklahoma law permits creditors to take up to 25 percent of a debtor's disposable earnings after they receive a judgment against the debtor. However, a debtor can file paperwork claiming an exemption to such a garnishment if it would cause an undue hardship on his family.

Requirements

The undue hardship exemption is only available for individuals with families or other dependents to support. In Oklahoma, county courts consider family income, family expenses and the family's standard of living compared with other members of the community in determining whether an undue hardship exists. The court determines if the lack of funds that would result from the garnishment would create less than a minimal level of subsistence.

Filing the Claim for Exemption

Debtors can use a standard form available from the county clerk's office to claim an exemption and to request a hearing. The form is also available online from the Oklahoma State Courts Network. It should include the case name, caption, names of the parties and the reason why an exemption is being requested. The claim must be filed with the court that received the application for the writ of garnishment within five days of receiving notice of the garnishment. The debtor appears for the hearing that the clerk schedules and must be prepared to present evidence as to how the garnishment would cause an undue hardship.

References

Resources

About the Author

Samantha Kemp is a lawyer for a general practice firm. She has been writing professionally since 2009. Her articles focus on legal issues, personal finance, business and education. Kemp acquired her JD from the University of Arkansas School of Law. She also has degrees in economics and business and teaching.

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