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 PERSONAL PROPERTY AND QUALIFIED WAGE EXEMPTIONS

For a debt by contract, Arkansas Constitution art. 9, §§ 1–2 lets a resident select personal property up to $200 if unmarried and not a head of family, or $500 if married or a head of family, in addition to wearing apparel. A purchase-money debt for the selected property is an exception under § 1.

Ark. Code § 16-66-208 protects wages of laborers and mechanics. Its first $25 per week of net wages is exempt without filing a schedule. A claim for up to 60 days of wages requires a sworn statement and is limited by the applicable constitutional personal-property amount after other property is counted. Verify that the debtor qualifies and identify any other property claimed before using that protection.

C. Federal Wage Ceiling for Ordinary Consumer Debt

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; confirm its enforceability before applying
☐ Allegations and interrogatories prepared and filed together with the writ under § 16-110-403
☐ Application for Writ of Garnishment filed with Clerk
☐ Statutory Notice to Defendant attached or incorporated; creditor calendars the mailing and certificate of service required by § 16-110-402
☐ Garnishee identified with proper service address
☐ Sheriff fees / service costs advanced
☐ Identify the property or wages sought and any asserted exemption
☐ Confirmed Arkansas usury / federal FDCPA compliance for any post-judgment communications

E. Pre-Response Checklist (Debtor)

☐ Writ of Garnishment / Notice to Defendant received
☐ Promptly file any supported exemption claim with the clerk and give the creditor the notice required by § 16-110-402
☐ 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)
☐ Apply the federal wage ceiling and any separately available Arkansas exemption; these are not alternative elections
☐ Check only exemptions that apply outside bankruptcy, including § 16-66-219 for a wedding ring
☐ 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.: [__________________]

ALLEGATIONS, INTERROGATORIES, 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 statutory Notice to Defendant attached or incorporated. Plaintiff will mail both to Defendant and any known counsel within five days after service on Garnishee and file the signed certificate of service required by Ark. Code § 16-110-402.

Interrogatories to Garnishee (filed with these Allegations):

1. State whether you owe Defendant money, including wages, and identify the amount due when the Writ is served.
2. Identify property, money, credits, or effects of Defendant in your possession when served or acquired afterward.
3. If you are an employer, state the pay period, disposable earnings, nonexempt wages available, and any prior withholding with priority.
4. Identify any reason you contend that identified property or wages cannot be withheld.

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 filed Interrogatories by the return date named in this Writ: [__/__/____] (Ark. Code § 16-110-404). The statutory employer warning below addresses failure to answer within 30 days after service.

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

For an employer garnishee, include both statutory notices below.

STATUTORY NOTICE TO EMPLOYER GARNISHEE (Ark. Code § 16-110-401)

FAILURE TO ANSWER THIS WRIT WITHIN 30 DAYS OR FAILURE OR REFUSAL TO ANSWER THE INTERROGATORIES ATTACHED HERETO SHALL RESULT IN THE COURT ENTERING A JUDGMENT AGAINST YOU AND YOU BECOMING PERSONALLY LIABLE FOR THE AMOUNT OF THE NON-EXEMPT WAGES OWED THE DEBTOR-EMPLOYEE ON THE DATE YOU WERE SERVED THIS WRIT AS PROVIDED BY ARKANSAS CODE ANNOTATED § 16-110-407 .

ADDITIONAL NOTICE TO EMPLOYER GARNISHEE (Ark. Code § 16-110-416)

The amount of wages available for withholding for this judgment and costs is subject to certain prior claims. Under Arkansas law, income withholding for child support has a priority over all other legal processes. Under federal law, the total amount to be withheld cannot exceed the maximum amount allowed under § 303(b).

NOTICE TO DEFENDANT (Ark. Code § 16-110-402)

“NOTICE TO DEFENDANT OF YOUR RIGHT TO KEEP WAGES, MONEY, AND OTHER PROPERTY FROM BEING GARNISHED

The Writ of Garnishment or Writ of Execution 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 and state law, you will be able to claim as exempt all or part of your wages or other personal property.

As another example, under federal law the following are also exempt from garnishment:

Social Security, SSI, Veteran's benefits, Temporary Assistance for Needy Families, unemployment compensation, and workers' compensation.

You have a right to ask for a court hearing to claim these or other exemptions. If you need legal assistance to help you try to save your wages or property from being garnished, you should see a lawyer. If you can't afford a private lawyer, contact your local bar association or ask the clerk's office about any legal services program in your area.”

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, claim any applicable protections under Ark. Const. art. 9, §§ 1–2, Ark. Code §§ 16-66-208 and 16-66-219, and 15 U.S.C. § 1673. The judgment arises from ☐ a contract debt ☐ another kind of debt: [DESCRIBE].

A. Family / Marital Status (check one):

☐ Married — potentially eligible for the $500 selected-property limit on a contract debt (Ark. Const. art. 9, § 2)
☐ Head of family — potentially eligible for the $500 selected-property limit on a contract debt
☐ Neither married nor head of family — potentially eligible for the $200 selected-property limit on a contract debt

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 Protections (complete the applicable lines):

☐ Federal ceiling (15 U.S.C. § 1673). For an ordinary debt, the garnishable portion may not exceed the lesser of 25% of disposable weekly earnings or the amount exceeding 30 times the federal minimum hourly wage. My disposable weekly earnings are $[__________].

☐ Qualified Arkansas laborer/mechanic wage claim (Ark. Code § 16-66-208). My work is [DESCRIBE]. I claim the first $25 of net weekly wages. I also claim [AMOUNT] dollars of wages for up to 60 days. That amount is less than the constitutional exemption available to me; together with my other personal property valued at [AMOUNT] dollars, it does not exceed that exemption. I swear to those facts in the verification below.

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

E. Other identified property exemptions:

☐ Wedding ring (Ark. Code § 16-66-219)
☐ Wearing apparel under Ark. Const. art. 9, § 1 or § 2, if this is a contract debt
☐ Other exemption (identify the current statute and facts): [__________________]

F. Exemption Procedure. I file this claim with the clerk after service of the Writ and will send it to the judgment creditor or counsel by fax and concurrent mail within five days as Ark. Code § 16-110-402 requires. If the creditor timely contests this claim, I request a hearing. If not contested, I request the statutory supersedeas, subject to the separate procedure in § 16-66-208 for a qualified wage claim.

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 — Return Date in Writ)

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 — Additional Arkansas Protection (only for a qualifying laborer or mechanic)

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):

☐ For a debt by contract, the selected property falls within Ark. Const. art. 9, § 1 or § 2.
☐ 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 no longer enforceable: [STATE GROUNDS].
☐ Automatic bankruptcy stay in effect (Case No. [__________]).
☐ Defendant is the wrong party (mistaken identity).
☐ Other: [__________________]

3. Defendant requests a hearing.

WHEREFORE, Defendant requests an order applying the proved exemption, quashing or narrowing the Writ as appropriate, and returning any improperly withheld funds.

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 a denial of the Garnishee's answer under Ark. Code § 16-110-405 if disputing it
☐ 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 § 16-66-208 — Qualified laborer and mechanic wage exemptions
• Ark. Code § 16-66-219 — Wedding rings exempt from execution
• 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; the federal wage ceiling and any applicable state exemption should each be applied. 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.