Arkansas Wage Garnishment and Exemption Claim Package

ARKANSAS WAGE GARNISHMENT AND EXEMPTION CLAIM PACKAGE

PART 1 — ARKANSAS-SPECIFIC OVERVIEW

A. Statutory and Constitutional Framework

B. ARKANSAS HEAD-OF-FAMILY PERSONAL PROPERTY EXEMPTION

Under Article 9, §§ 1–2 of the Arkansas Constitution:

In addition: clothing, wedding rings, and 60 days of wages are exempt (the 60-day wages exemption is subject to the same $500/$200 personal-property cap). Many Arkansas debtors instead claim the federal CCPA limits on wages because they preserve more income.

C. Wage Limits (Federal CCPA — Most Often Used)

Maximum garnishment = LESSER of (a) 25% of disposable, or (b) disposable minus the floor above.

D. Pre-Garnishment Checklist (Creditor)

☐ Final money judgment in Arkansas court (or properly registered foreign judgment under UEFJA, Ark. Code § 16-66-601 et seq.)
☐ Judgment not stayed; SOL on enforcement (10 years; renewable under § 16-65-117)
☐ Verified Allegations prepared under § 16-110-403
☐ Application for Writ of Garnishment filed with Clerk
☐ Notice to Defendant (§ 16-110-402) attached or incorporated in Writ
☐ Garnishee identified with proper service address
☐ Sheriff fees / service costs advanced
☐ Confirmed debt type non-exempt (not Social Security, SSI, VA, UI, WC, TANF)
☐ Confirmed Arkansas usury / federal FDCPA compliance for any post-judgment communications

E. Pre-Response Checklist (Debtor)

☐ Writ of Garnishment / Notice to Defendant received
☐ Calendar deadline — promptly file Schedule of Property and Claim of Exemption (typically before garnishee remits)
☐ Determine marital/family status — head-of-family triggers $500 exemption vs. $200
☐ Pay stubs gathered
☐ Identify exempt income sources (Social Security, SSI, VA, UI, WC, TANF)
☐ Decide between federal CCPA wage formula and Arkansas state exemption schedule (debtor selects)
☐ Check § 16-66-218 categorical exemptions (motor vehicle, tools of trade, etc.)
☐ Consider motion to quash for procedural defects

PART 2 — ALLEGATIONS AND APPLICATION FOR WRIT OF GARNISHMENT

IN THE [CIRCUIT / DISTRICT] COURT OF [COUNTY] COUNTY, ARKANSAS

Case No.: [__________________]

VERIFIED ALLEGATIONS AND APPLICATION FOR WRIT OF GARNISHMENT (Ark. Code §§ 16-110-401, -403)

Plaintiff, by undersigned counsel, alleges and applies for a Writ of Garnishment:

1. On [__/__/____], judgment was entered in this case in favor of Plaintiff and against Defendant in the principal amount of $[__________], plus interest at [____]% per annum, plus costs of $[__________].

2. The unsatisfied balance, as of the date of this application, is $[__________] (principal $[________] + accrued interest $[________] + unpaid costs $[________]).

3. The judgment is final, not stayed, and not subject to any automatic bankruptcy stay.

4. Plaintiff believes, and therefore alleges, that [GARNISHEE NAME], located at [__________________________________], is indebted to Defendant or has in its possession property, money, or effects belonging to Defendant — including, without limitation, Defendant's wages or salary.

5. Plaintiff requests the Clerk issue a Writ of Garnishment, with the Notice to Defendant required by Ark. Code § 16-110-402 attached or incorporated.

Dated: [__/__/____]

___________________________________
[ATTORNEY NAME], Ark. Bar No. [______]
[FIRM NAME / ADDRESS / PHONE / EMAIL]

VERIFICATION

State of Arkansas, County of [__________]

I, [NAME], being duly sworn, state that I am Plaintiff (or Plaintiff's authorized agent) in the above matter and that the foregoing Allegations are true to the best of my knowledge.

___________________________________
[AFFIANT]

Subscribed and sworn before me on [__/__/____].

___________________________________
Notary Public

PART 3 — WRIT OF GARNISHMENT WITH NOTICE TO DEFENDANT

TO: [GARNISHEE NAME]

YOU ARE HEREBY COMMANDED to:

1. WITHHOLD from any wages, salary, commission, or other compensation due or to become due to [DEFENDANT NAME] ("Judgment Debtor"), and from any other property or money belonging to Defendant, the amount required to satisfy the judgment of $[__________] plus interest and costs, subject to the exemptions identified below.

2. ANSWER, under oath, the questions set forth in the Allegations and this Writ, WITHIN TWENTY (20) DAYS of service (Ark. Code § 16-110-404).

3. Hold withheld amounts pending further order of the Court.

FAILURE TO ANSWER WITHIN TWENTY DAYS MAY RESULT IN ENTRY OF JUDGMENT AGAINST YOU FOR THE FULL AMOUNT OF THE UNDERLYING JUDGMENT.

NOTICE TO DEFENDANT OF YOUR RIGHT TO KEEP WAGES, MONEY, AND OTHER PROPERTY FROM BEING GARNISHED (Ark. Code § 16-110-402)

The Writ of Garnishment delivered to you with this Notice means that wages, money, or other property belonging to you has been garnished in order to pay a court judgment against you. HOWEVER, YOU MAY BE ABLE TO KEEP YOUR MONEY OR PROPERTY FROM BEING TAKEN, SO READ THIS NOTICE CAREFULLY.

State and federal laws say that certain money and property may not be taken to pay certain types of court judgments. Such money or property is said to be "exempt" from garnishment.

For example, under the Arkansas Constitution (Art. 9, §§ 1–2) and state law, you may be able to claim as exempt:

• $500 in personal property if you are married or head of family (Ark. Const. Art. 9 § 2);
• $200 in personal property if you are not married and not head of family (Ark. Const. Art. 9 § 1);
• Clothing, wedding rings, 60 days of wages (subject to the above caps);
• Tools of the trade and one motor vehicle up to statutory amounts under Ark. Code § 16-66-218.

Under federal law, the following are exempt from garnishment:

• Social Security, SSI, Veterans' benefits, Temporary Assistance for Needy Families (TANF), unemployment compensation, and workers' compensation;
• The lesser of 25% of disposable earnings, or the amount by which weekly disposable earnings exceed 30× the federal minimum wage ($217.50 at $7.25/hour) (15 U.S.C. § 1673).

YOU HAVE A RIGHT TO ASK FOR A COURT HEARING TO CLAIM THESE OR OTHER EXEMPTIONS. If you need legal assistance, contact your local bar association or the Center for Arkansas Legal Services / Legal Aid of Arkansas at 1-800-952-9243 (arlegalservices.org or arlegalaid.org).

ISSUED this [__/__/____].

___________________________________
CLERK OF THE COURT
By: [DEPUTY CLERK]

PART 4 — CLAIM OF EXEMPTION AND SCHEDULE OF PROPERTY

IN THE [CIRCUIT / DISTRICT] COURT OF [COUNTY] COUNTY, ARKANSAS

Case No.: [__________________]

DEFENDANT'S CLAIM OF EXEMPTION AND SCHEDULE OF PROPERTY

I, [DEFENDANT NAME], the judgment debtor in this matter, file this Claim of Exemption and Schedule under the Arkansas Constitution Art. 9 §§ 1–2, Ark. Code §§ 16-66-217 and 16-66-218, and 15 U.S.C. § 1673.

A. Family / Marital Status (check one):

☐ Married — entitled to $500 personal property exemption (Ark. Const. Art. 9 § 2)
☐ Head of family (unmarried but supporting dependents) — entitled to $500 exemption
☐ Neither married nor head of family — entitled to $200 exemption

B. Federal/Other Exempt Income Sources (check all that apply):

☐ Social Security / SSI ☐ Veterans' benefits ☐ Unemployment compensation
☐ Workers' compensation ☐ TANF / public assistance ☐ Retirement / pension
☐ Child support received ☐ Federal Civil Service disability

C. Wage Exemption Elections (check one or both):

☐ Federal CCPA (15 U.S.C. § 1673). I elect the federal wage formula: only the lesser of 25% of my disposable weekly earnings or the amount exceeding $217.50 is subject to garnishment. My disposable weekly earnings are $[__________].

☐ Arkansas (Ark. Code § 16-66-217). I claim the first $25 weekly and 60 days of wages exempt (subject to the personal property cap above).

D. Schedule of Property (claim by listing every item and value, then circling exempt items totaling no more than the cap above):

E. Categorical exemptions claimed under Ark. Code § 16-66-218 / Ark. Const. Art. 9 § 8:

☐ Wedding ring(s)
☐ Clothing
☐ Motor vehicle (Ark. Code § 16-66-218(a)(2) — up to $1,200)
☐ Tools of trade / professional library (Ark. Code § 16-66-218(a)(4) — up to $750)
☐ Burial plot
☐ Other: [__________________]

F. Request for Hearing. I request a hearing on this Claim of Exemption.

I declare under penalty of perjury under the laws of Arkansas that the foregoing is true and correct.

Dated: [__/__/____]

___________________________________
[DEFENDANT SIGNATURE]
[PRINTED NAME, ADDRESS, PHONE]

State of Arkansas, County of [__________] — Subscribed and sworn before me on [__/__/____].

___________________________________
Notary Public

PART 5 — ANSWER OF GARNISHEE (Ark. Code § 16-110-404 — 20 Days)

IN THE [CIRCUIT / DISTRICT] COURT OF [COUNTY] COUNTY, ARKANSAS

Case No.: [__________________]

ANSWER OF GARNISHEE

Garnishee [GARNISHEE NAME], by undersigned officer or agent, being duly sworn, answers the Writ of Garnishment served on [__/__/____]:

Garnishee will hold the withheld amounts as required by law pending further order of the Court.

Dated: [__/__/____]

___________________________________
[GARNISHEE OFFICER NAME / TITLE]
For [GARNISHEE NAME]

State of Arkansas, County of [__________] — Subscribed and sworn before me on [__/__/____].

___________________________________
Notary Public

CERTIFICATE OF SERVICE (Garnishee's Answer)

I served a copy of this Answer on Plaintiff's counsel at [__________] and on Defendant at [__________] by ☐ U.S. Mail ☐ Email ☐ Personal Service on [__/__/____].

___________________________________
[GARNISHEE / AGENT]

PART 6 — WAGE CALCULATION WORKSHEET (Arkansas)

Step 1 — Disposable Earnings

Step 2 — Federal CCPA Test (15 U.S.C. § 1673)

Step 3 — Arkansas Statutory Election (if elected over CCPA)

Step 4 — Final Nonexempt Amount

PART 7 — MOTION TO QUASH WRIT OF GARNISHMENT

IN THE [CIRCUIT / DISTRICT] COURT OF [COUNTY] COUNTY, ARKANSAS

Case No.: [__________________]

MOTION TO QUASH WRIT OF GARNISHMENT

Defendant [DEFENDANT NAME] moves to quash the Writ of Garnishment served on [GARNISHEE] on [__/__/____], and states:

1. [Recite procedural facts.]

2. The Writ is improper and should be quashed because (check all that apply):

☐ The garnished property is exempt under Ark. Const. Art. 9 §§ 1–2 ($500 head-of-family / $200 single).
☐ The funds derive from exempt sources (Social Security, SSI, VA, UI, WC, TANF, retirement).
☐ The federal CCPA cap (25% disposable / 30× federal min wage floor) was violated.
☐ The Notice to Defendant required by Ark. Code § 16-110-402 was defective or not served.
☐ The Garnishee was not properly served or failed to receive the Writ.
☐ The judgment has been satisfied as of [__/__/____].
☐ The judgment is more than 10 years old and not properly renewed (Ark. Code § 16-65-117).
☐ Automatic bankruptcy stay in effect (Case No. [__________]).
☐ Defendant is the wrong party (mistaken identity).
☐ Other: [__________________]

3. Defendant requests a hearing.

WHEREFORE, Defendant prays the Court (a) quash the Writ; (b) order return of any funds withheld in excess of exemption limits; (c) award costs and reasonable attorney's fees.

Dated: [__/__/____]

___________________________________
[ATTORNEY FOR DEFENDANT], Ark. Bar No. [______]

PART 8 — NOTICE OF HEARING

IN THE [CIRCUIT / DISTRICT] COURT OF [COUNTY] COUNTY, ARKANSAS

Case No.: [__________________]

NOTICE OF HEARING ON CLAIM OF EXEMPTION / MOTION TO QUASH

TO ALL PARTIES AND COUNSEL OF RECORD:

PLEASE TAKE NOTICE that the ☐ Claim of Exemption ☐ Motion to Quash filed on [__/__/____] will be heard:

Dated: [__/__/____]

___________________________________
[FILING PARTY / ATTORNEY]

CERTIFICATE OF SERVICE

I certify that on [__/__/____] the foregoing was served on:

☐ [OPPOSING COUNSEL / PRO SE] via ☐ eFlex ☐ U.S. Mail ☐ Email
☐ [GARNISHEE] via ☐ U.S. Mail ☐ Personal service

___________________________________
[SIGNATURE]

PART 9 — POST-HEARING / FOLLOW-UP CHECKLIST

☐ Order entered on Claim of Exemption / Motion to Quash
☐ Order served on Garnishee
☐ Garnishee recalibrates or terminates withholding per Order
☐ Over-withheld funds refunded to debtor
☐ Plaintiff files Contest of Answer under Ark. Code § 16-110-405 if disputing Garnishee's response (within statutory deadline)
☐ Satisfaction of Judgment filed when paid
☐ Plaintiff calendars 10-year SOL renewal

SOURCES AND REFERENCES

• Ark. Code §§ 16-110-401 through 16-110-415 — Garnishment
• Ark. Code § 16-66-217 — Wage Exemption
• Ark. Code § 16-66-218 — Personal Property Exemptions
• Ark. Const. Art. 9, §§ 1–2 — Personal Property Exemptions
• Arkansas Law Help — Protected Property: https://a.arlawhelp.org/bankruptcy-garnishment-loans/garnishment/protected-property
• Upsolve — Arkansas Wage Garnishment: https://upsolve.org/ar/wage-garnishment/
• 15 U.S.C. §§ 1671–1677 — CCPA Title III
• U.S. DOL Fact Sheet #30: https://www.dol.gov/agencies/whd/fact-sheets/30-cppa

DISCLAIMER: This template is informational only. Arkansas exemption amounts under Art. 9 of the state Constitution ($500/$200) are nominally low and have not been adjusted since 1874; most debtors are better served by claiming federal CCPA wage limits. Verify current Arkansas statutes and rules of civil procedure before filing. Federal minimum wage of $7.25/hour used; recalculate if it changes. This template does not create an attorney-client relationship and should not be relied upon as legal advice.