Notice of Claim of Exemption of Wages from Attachment – Pennsylvania

The “Notice of Claim of Exemption of Wages from Attachment” form is used in the Civil Division of the Court of Common Pleas of Lehigh County, Pennsylvania. This document allows a defendant to claim an exemption from the attachment of their wages, salary, or commissions in a legal matter. Key points about the form include notifying the plaintiff that the defendant is claiming an exemption from wage attachment. The process involves the defendant filing this claim with the court and attaching a copy for the plaintiff. If the plaintiff wishes to challenge the exemption, they must file a motion with the court demonstrating that the defendant’s net income is not below the Federal Department of Health and Human Services poverty income guidelines or that the attachment will not cause the defendant’s net income to fall below these guidelines. The “Notice of Claim of Exemption of Wages from Attachment” is signed and dated by the Clerk of Judicial Records or a Deputy in the Civil Division.

The “Notice of Claim of Exemption of Wages from Attachment” is an essential step in protecting a defendant’s income from being attached or garnished in certain legal proceedings.

How to Fill Out the “Notice of Claim of Exemption of Wages from Attachment” Form

Court Information

• Court Name: Write “Court of Common Pleas of Lehigh County, Pennsylvania” in the appropriate section at the top of the form.
• Civil Division: Ensure this is noted as it is already specified in the form.

Case Information

• Plaintiff: Enter the name of the plaintiff (the party who initiated the lawsuit) in the designated space.
• Defendant: Enter your name as the defendant (the party responding to the lawsuit).
• File No.: Write the case number assigned to your case.

Notice Section

• To the Above-Named Plaintiff: This section is pre-written to inform the plaintiff about your claim of exemption.

Claim Information

• State clearly that you are claiming an exemption from the attachment of your wages, salary, or commissions.
• Copy of Claim: Attach a copy of your claim for exemption to this form.

Challenging the Claim

• The form informs the plaintiff on how to challenge the exemption if they wish to do so. This section does not require any input from you.

Date and Signature

• Date: Enter the date you are filling out the form.
• Signature: Sign the form. If required, you may need to sign in the presence of a notary or court official.
• Clerk of Judicial Records: This part is for the clerk to sign and is not filled out by you.

Submission

• Civil Division Deputy: This section is completed by the court clerk or deputy.
• File: Ensure to keep a copy of the filled form for your records.

Additional Information

• If there are additional instructions or details required by the court, follow those instructions carefully.
• Supporting Documents: Attach any necessary supporting documents that prove your net income and why it should be exempted.

Tips

• Accuracy: Ensure all information is accurate and up-to-date.
• Attachments: Include all necessary attachments as mentioned in the form.
• Legal Advice: Consider seeking legal advice to ensure the form is completed correctly and to understand the implications of claiming an exemption.

Filling out the “Notice of Claim of Exemption of Wages from Attachment” form accurately and completely is crucial to successfully claim your exemption. Ensure that all required fields are filled out and supporting documents are attached.