Toolkit · Consumer Protection
The Exemption Claim, Bank Levy Response, and Garnishment Calculation Toolkit
15 U.S.C. § 1692
- Type
- Toolkit
- Jurisdiction
- National
- Date
- 2024-12-14
- Topic
- Consumer Protection
This toolkit supplies the working documents for responding to a garnishment or a bank levy. It opens with a deposit source ledger, because the entire exemption case is a bookkeeping exercise, and an automatic protection demand letter that frequently frees federal benefit funds the same day without any court filing. It provides an exemption claim template, a head of household affidavit, and a disposable earnings calculator that catches the two errors employers make most often. It includes a creditor release letter that resolves a meaningful share of matters within a week, an employer answer checklist covering the liability that falls on a party owing nothing, a tax levy exemption statement worksheet, a motion to vacate a default judgment, a separate account plan that prevents recurrence, and an authority reference sheet.
The Exemption Claim, Bank Levy Response, and Garnishment Calculation Toolkit
Consumer Protection > Wage Garnishment, Bank Levies, and Exempt Funds | Published 14 December 2024 - Updated 28 April 2025 | UpLaw - uplaw.us
How to use this toolkit
Tools 1 and 2 are day one. Tools 3 through 5 obtain release. Tools 6 and 7 handle wages and employers. Tools 8 through 10 handle federal collection and the judgment. Tools 11 and 12 prevent recurrence. Tool 13 is the authority.
⚠️ Tools 1 and 2 together resolve more of these matters than everything else combined, and both are free.
Tool 1 — Deposit source ledger
Account holder ______ Bank ______ Account ending ______ Date of freeze ______ Balance frozen ______
| Date | Deposit description | Amount | Source | Exempt? | Statute | Direct deposit? |
|---|---|---|---|---|---|---|
Withdrawal record
| Date | Description | Amount | Running balance |
|---|---|---|---|
Summary
- Total exempt deposits in the ninety days: ______
- Total exempt deposits in the two months preceding the order: ______
- Lowest intermediate balance between the first exempt deposit and the freeze: ______
- Non-exempt deposits: ______
- Amount claimed as exempt: ______
☐ Ninety days of statements attached ☐ Benefit award letters attached ☐ ☐ Tracing method identified: lowest intermediate balance ☐ first in, first out ☐ pro rata ☐ direct ☐ ☐ ⚠️ A one-page ledger with statements attached persuades where legal argument alone does not, because the court's question is factual ☐
Tool 2 — Automatic protection demand letter
To: [bank] — Legal Order Processing Re: Account ending ______ — Garnishment served ______
This account receives directly deposited federal benefit payments. Under 31 C.F.R. Part 212, upon receipt of a garnishment order you were required to:
- Perform a two-month look-back from the date you received the order;
- Identify federal benefit payments deposited electronically during that period;
- Calculate a protected amount equal to the lesser of those payments or the balance on the review date;
- Make that amount available immediately, without any claim, court order, or creditor consent;
- Send the account holder a notice of what was protected; and
- Refrain from charging a garnishment fee against protected funds.
Deposits during the look-back period were: ______ (statements attached).
Protected amount: $______. Please confirm within one business day that this amount is available, and refund any garnishment fee charged against it.
☐ Sent to the bank's legal order processing unit, not a branch ☐ ☐ Statements attached showing the direct deposits ☐ ☐ Escalated to the bank's compliance function if not resolved same day ☐ ☐ ⚠️ This is automatic. No form, no hearing, no deadline. If the bank did not do it, saying so precisely frees the money without any filing. ☐
Tool 3 — Exemption claim template
CLAIM OF EXEMPTION Court ______ Case No. ______ Judgment creditor ______ Judgment debtor ______ Property levied: funds in account ending ______ at ______, frozen on , in the amount of $.
1. The funds are exempt. The funds consist of ______ [Social Security / Supplemental Security Income / veterans benefits / civil service retirement / railroad retirement / wages / public assistance / other], which are exempt under ______ [statute].
2. Source of every deposit. See the attached ledger and ninety days of account statements. The exempt deposits total $______, made on ______.
3. Tracing. The lowest balance in the account between the first exempt deposit and the freeze was $. Under the lowest intermediate balance approach, $ of the frozen funds are exempt.
4. Head of household. [If applicable:] The debtor provides more than half the support of ______ dependents, as shown by the attached affidavit and supporting documents.
5. Automatic protection. [If applicable:] The bank was required by 31 C.F.R. Part 212 to protect $______ without any claim.
6. Hardship. The debtor's monthly income is $______ and monthly obligations are $______. Without release the debtor cannot pay ______.
Relief requested: an order declaring $______ exempt, directing release, and awarding costs.
Expedited hearing requested because ______.
☐ Filed within the deadline ☐ Date filed ______ ☐ Ledger, statements, and award letters attached ☐ ☐ Copy served on the creditor's counsel and the bank ☐ ☐ Expedited hearing requested ☐
Tool 4 — Head of household affidavit
AFFIDAVIT IN SUPPORT OF HEAD OF HOUSEHOLD EXEMPTION
- I am ______, the judgment debtor.
- I provide more than one-half of the support for the following persons: ______ [name, relationship, age for each].
- My gross monthly earnings are $. My net earnings after legally required deductions are $.
- The household's monthly expenses are: housing $______ utilities $______ food $______ transportation $______ medical $______ childcare $______ other $______.
- No other person contributes more than ______ percent of the household's support.
- Attached are: ______ [pay stubs, tax return showing dependents, birth certificates, school records, lease, benefit letters].
☐ Signed and notarized where required ☐ ☐ Supporting documents attached rather than described ☐ ☐ ⚠️ This is the most valuable state protection in the field and is claimed far less often than it applies ☐
Tool 5 — Creditor release letter
To: Counsel for [creditor] Re: [case], levy on account ending ______
The funds frozen on ______ consist entirely of [exempt source], as shown by the attached ninety days of statements and benefit award letters. The exempt amount is $______.
Under ______ [statute], these funds are not subject to execution. Under 31 C.F.R. Part 212, $______ was required to be protected automatically.
We request that you consent in writing to release of the levy by ______. If you do not, we will file a claim of exemption and request an expedited hearing, and will seek costs.
We note that continued collection efforts directed at funds you know to be exempt may implicate 15 U.S.C. § 1692e and 15 U.S.C. § 1692f.
☐ Sent with the ledger and statements ☐ Response deadline stated ☐ ☐ ⚠️ Pursuing exempt funds is unprofitable, and a creditor's counsel who receives the statements usually releases rather than litigate. ☐ Follow-up call placed the day after the deadline ☐
Tool 6 — Disposable earnings calculator
| Line | Amount |
|---|---|
| Gross earnings for the pay period | |
| Less federal income tax withheld | |
| Less state and local income tax withheld | |
| Less Social Security and Medicare | |
| Less other deductions required by law | |
| = Disposable earnings | |
| Twenty-five percent of disposable earnings (A) | |
| Thirty times the federal minimum hourly wage, for this pay period (B) | |
| Disposable earnings minus (B) = (C) | |
| Maximum garnishable = lesser of (A) and (C) | |
| Amount actually withheld | |
| Difference |
☐ ⚠️ Do NOT deduct before the calculation: voluntary retirement contributions ☐ health or life insurance premiums ☐ union dues ☐ charitable deductions ☐ loan repayments ☐ ☐ ⚠️ Do NOT apply the percentage to gross pay ☐ ☐ State protection compared and the more favorable applied — 15 U.S.C. § 1677 ☐ ☐ Support orders use a different, higher percentage ☐ ☐ Multiple orders: priority determined, aggregate cap still applied ☐ ☐ Authorities — 15 U.S.C. § 1671, 15 U.S.C. § 1673, 29 C.F.R. Part 870 ☐
Tool 7 — Employer answer checklist
☐ Answer filed within the deadline ☐ Date ______ ⚠️ Failure can make the employer liable for the entire judgment in many states. ☐ Employment status stated accurately ☐ Pay frequency ☐ Next pay date ☐ ☐ Existing orders disclosed with their dates of service ☐ ☐ Disposable earnings calculated using Tool 6 ☐ ☐ Correct cap applied for this order type: ordinary creditor ☐ support ☐ tax levy ☐ student loan ☐ ☐ Priority determined among competing orders ☐ Aggregate cap observed ☐ ☐ Employee given a copy of the order where the state requires ☐ ☐ Confidentiality maintained; disclosure limited to what the process requires ☐ ☐ ⚠️ No adverse action for a single garnishment — 15 U.S.C. § 1674 ☐ State extension checked ☐ ☐ Withholding stopped promptly on satisfaction or release ☐ Over-withheld amounts refunded ☐ ☐ Records retained ☐ Payroll system flagged so withholding does not continue past the order ☐
Tool 8 — Federal collection response sheet
| Program | Authority | What to check | Deadline |
|---|---|---|---|
| Administrative offset | 31 U.S.C. § 3716, 31 C.F.R. Part 285 | Notice received? Debt verified? Hardship request available? | |
| Administrative wage garnishment | 31 U.S.C. § 3720D | Hearing requested in time? Financial hardship documented? | ⚠️ |
| Student loans | 20 U.S.C. § 1095a, 34 C.F.R. Part 682 | Rehabilitation or consolidation available? Hearing request filed? | ⚠️ |
| Child support | 42 U.S.C. § 666, 42 U.S.C. § 659 | Order current? Modification warranted? Arrears verified? | |
| Tax levy | 26 U.S.C. § 6331, 26 U.S.C. § 6334, 26 C.F.R. Part 301 | ⚠️ Exemption statement returned? Collection alternatives? | ⚠️ |
| Federal employee garnishment | 5 C.F.R. Part 550 | Correct cap applied? |
☐ ⚠️ A levied taxpayer who does not return the exemption statement is exempted at the lowest possible amount ☐ Return it today ☐ ☐ Collection alternatives evaluated: installment agreement ☐ offer in compromise ☐ currently not collectible ☐ hardship release ☐
Tool 9 — Motion to vacate a default judgment
MOTION TO VACATE JUDGMENT AND QUASH GARNISHMENT
1. The judgment. Entered ______ by default in favor of ______ in the amount of $______.
2. Service was defective. [Describe: wrong address, no personal service, substituted service on a person not residing there, return of service inconsistent with the facts. Attach the return of service and the debtor's affidavit.]
3. Meritorious defense. [Statute of limitations; lack of standing and absence of proof of the assignment chain; payment; identity theft; incorrect amount; prior discharge.]
4. Diligence. The debtor learned of the judgment on ______, when the account was frozen, and moved promptly.
5. Relief. Vacate the judgment, quash the garnishment, and order release of the frozen funds.
☐ Return of service obtained from the court file ☐ Compared to the debtor's residence history ☐ ☐ Assignment chain demanded from the creditor ☐ ☐ Statute of limitations analyzed from the accrual date ☐ Any revival examined ☐ ☐ Prior satisfaction, settlement, or discharge searched ☐ ☐ ⚠️ This resolves the problem permanently rather than one levy at a time ☐
Tool 10 — Obligation triage sheet
| Obligation | Holder | Balance | Monthly | Enforcement risk | Priority |
|---|---|---|---|---|---|
| Child support | Withholding, license, passport, intercept | 1 | |||
| Obligation carrying incarceration or license risk | 2 | ||||
| Tax levy | Levy without judgment | 3 | |||
| Student loans | Administrative garnishment | ||||
| Judgment creditors | Garnishment, levy | ||||
| Total required | |||||
| Actual capacity | |||||
| Gap |
☐ Bankruptcy evaluated where the gap is structural — 11 U.S.C. § 362, 11 U.S.C. § 522 ☐ ☐ Retirement protections noted — 29 U.S.C. § 1056, Patterson v. Shumate, Rousey v. Jacoway ☐ ☐ Schedule drafting precision noted — Taylor v. Freeland & Kronz, Schwab v. Reilly ☐ ☐ Written plan given to the client ☐
Tool 11 — Separate account plan
☐ Open one account for exempt income only ☐ Bank ______ Account ______ ☐ Direct deposit established for every benefit payment ☐ ⚠️ The automatic protection reaches only electronic deposits. ☐ Nothing else deposited into it — no tax refund ☐ no spouse's pay ☐ no gifts ☐ no business receipts ☐ ☐ A second account used for everything else ☐ ☐ No adult child added as a joint holder ☐ Power of attorney used instead ☐ ☐ Address updated with the bank, every court, every creditor, and every agency ☐ ☐ Statements retained for at least ninety days at all times ☐ ☐ Benefit award letters kept with the statements ☐ ☐ Client given a written card stating: "Federal benefits are directly deposited into this account. Under 31 C.F.R. Part 212 you must protect two months of those deposits automatically." ☐ ☐ ⚠️ This single structure converts every future dispute from a tracing exercise into a one-page showing ☐
Tool 12 — Bank and collector conduct log
| Date | Actor | Conduct | Why it may violate | Evidence |
|---|---|---|---|---|
| Bank | Froze more than the order required | Deposit agreement, state law | ||
| Bank | Failed to perform the two-month look-back | 31 C.F.R. Part 212 | ||
| Bank | Charged a garnishment fee against protected funds | 31 C.F.R. Part 212 | ||
| Bank | Refused release after exemption allowed | Court order | ||
| Collector | Threatened garnishment without a judgment | 15 U.S.C. § 1692e | ||
| Collector | Misstated the amount subject to garnishment | 15 U.S.C. § 1692e | ||
| Collector | Continued collection after notice of exemption | 15 U.S.C. § 1692f | ||
| Collector | Improper employer contact | 15 U.S.C. § 1692 |
☐ Related payment rules where applicable — 12 C.F.R. Part 1006 ☐ ☐ Recordings, letters, and call logs preserved ☐ ☐ Fee-shifting claims evaluated where amounts are small ☐
Tool 13 — Authority reference sheet
Wages
- 15 U.S.C. § 1671 · 15 U.S.C. § 1673 · 15 U.S.C. § 1674 · 15 U.S.C. § 1675 · 15 U.S.C. § 1677 · 29 C.F.R. Part 870
Exempt income
- 42 U.S.C. § 407 · 38 U.S.C. § 5301 · 5 U.S.C. § 8346 · 45 U.S.C. § 231m · 29 U.S.C. § 1056 · 5 C.F.R. Part 550
- Philpott v. Essex County Welfare Board · Bennett v. Arkansas · Washington State Department of Social and Health Services v. Guardianship Estate of Keffeler · Patterson v. Shumate · Rousey v. Jacoway
Account protection
Federal collection
- 31 U.S.C. § 3716 · 31 U.S.C. § 3720D · 31 C.F.R. Part 285 · 20 U.S.C. § 1095a · 34 C.F.R. Part 682
- 42 U.S.C. § 659 · 42 U.S.C. § 666 · 26 U.S.C. § 6331 · 26 U.S.C. § 6334 · 26 C.F.R. Part 301
Bankruptcy
Due process and conduct
- Sniadach v. Family Finance Corp. of Bay View · Fuentes v. Shevin · Mitchell v. W. T. Grant Co. · North Georgia Finishing, Inc. v. Di-Chem, Inc. · Connecticut v. Doehr · Endicott Johnson Corp. v. Encyclopedia Press, Inc.
- 15 U.S.C. § 1692 · 15 U.S.C. § 1692e · 15 U.S.C. § 1692f · 12 C.F.R. Part 1006
Tool 14 — Day-one action card
Print this. It is what a client or an intake worker needs in the first hour.
☐ 1. Get ninety days of statements. Online, printed, or from a branch. Nothing else can be done without them. ☐ 2. Ask one question: are federal benefits directly deposited into this account? If yes, go to Tool 2 immediately — part of the money should never have been frozen and no filing is required. ☐ 3. Find the notice. It states the deadline. If no notice arrived, call the clerk with the case number and ask when the claim is due. ☐ 4. Write the deadline on the file in red. ☐ 5. Handle the emergency. Rent, utilities, medication, and the payments that will bounce. Notify each in writing today. ☐ 6. Ask the bank to reverse overdraft fees caused by the freeze. ☐ 7. Send the creditor's counsel the statements with a one-paragraph letter. ☐ 8. Prepare the ledger using Tool 1. ☐ 9. File the claim using Tool 3, with an expedited hearing request. ☐ 10. Before the client leaves, set up the separate account using Tool 11.
⚠️ Steps one, two, and seven are free, take under two hours, and resolve more of these matters than everything else on this list.
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