Delaware Justice of the Peace Wage Garnishment Exemption Objection
Delaware Justice of the Peace Wage Garnishment Exemption Objection
Before filing: Use this in the Justice of the Peace Court case shown on the wage garnishment. Rule 69(c)(3)(B) permits objections within 10 days after receipt of the garnishee's answer. File promptly with the issuing court and keep proof of delivery to the other parties. Attach the writ, answer, court withholding directions, and pay records available to you. The 85% exemption in 10 Del. C. § 4913(a) does not apply to process collecting fines, costs, or taxes owed to Delaware.
In the Justice of the Peace Court of the State of Delaware
Court number and county: [COURT NUMBER AND COUNTY]
Case number: [CASE NUMBER]
| Party | Role |
|---|---|
| [JUDGMENT CREDITOR] | Judgment creditor |
| v. | |
| [JUDGMENT DEBTOR] | Judgment debtor |
Objection and request for determination of exempt wages
I, [JUDGMENT DEBTOR], object to the wage garnishment or the amount withheld and ask the Court to determine the wages protected by 10 Del. C. § 4913 and correct its withholding directions as the facts warrant.
- Garnishment. The writ was issued on [DATE] and served on [EMPLOYER/GARNISHEE] on [DATE]. I received the garnishee's answer on [DATE]. The judgment concerns [DESCRIBE THE DEBT AND IDENTIFY ANY FINE, COST, OR TAX OWED TO THE STATE].
- Residence and pay. I reside at [DELAWARE ADDRESS]. My employer pays me [SALARY/HOURLY PAY/COMMISSIONS/OTHER EMPLOYEE REMUNERATION]. My relevant pay periods are [DATES]. I attach pay statements and any withholding notice or ledger available to me.
- Exemption claimed. For the pay periods listed, the wages due totaled $[AMOUNT], and $[AMOUNT] was withheld or designated for attachment. Section 4913(a) exempts 85% of a Delaware resident's wages from the state attachment processes it describes, subject to its stated exception. My calculation of the protected amount and any excess withheld is attached as Schedule A.
- Other attachments, if any. ☐ I know of no other attachment against the same wages. ☐ Another attachment exists: [CREDITOR, COURT, CASE NUMBER, AND DATES]. I ask the Court to determine the effect of § 4913(b)'s one-attachment and priority provisions on these wages.
- Additional facts. [STATE ANY ERROR IN THE EMPLOYER'S ANSWER, PAY FIGURES, RESIDENCE, TYPE OF PAYMENT, OR COURT DIRECTIONS.]
I request an order determining the exempt amount, correcting any excess withholding, and giving appropriate directions to the garnishee and parties. I also request a hearing if the Court needs testimony or disputed records to decide these issues.
Judgment debtor's signature: [SIGNATURE] Date: [__/__/____]
Printed name: [NAME]
Address: [ADDRESS]
Phone and email: [PHONE; EMAIL]
Schedule A — wages and withholding
| Pay period | Wages due | 85% claimed exempt | Amount withheld | Excess disputed |
|---|---|---|---|---|
| [DATES] | $[AMOUNT] | $[AMOUNT] | $[AMOUNT] | $[AMOUNT] |
| [DATES] | $[AMOUNT] | $[AMOUNT] | $[AMOUNT] | $[AMOUNT] |
Records attached: ☐ writ ☐ garnishee answer ☐ court directions ☐ pay statements ☐ withholding records ☐ other: [DESCRIBE]
Certificate of delivery
I delivered a copy of this objection and its attachments on [DATE] by [METHOD] to [JUDGMENT CREDITOR OR COUNSEL, ADDRESS] and [GARNISHEE, ADDRESS].
Signature: [SIGNATURE] Date: [__/__/____]
Official sources
About this template
- Last updated
- October 27, 2026
- Citations checked
- October 27, 2026
- Jurisdiction
- Delaware
- Category
- Litigation & Court Documents
Legal authority
- 10 Del. C. § 4913(a)-(c) (wage attachment exemption, priority, and definition)
- Delaware Justice of the Peace Civil Rule 69(c)(3) (wage garnishment)
These are the filings that drive a lawsuit through the system: complaints, answers, motions, briefs, discovery requests and responses, and post-judgment papers. Each has its own format requirements under federal and state procedural rules, and each has a deadline that cannot be missed without consequences. Clean, procedurally correct filings move a case forward; sloppy ones invite motions to strike, amended responses, and avoidable delays.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 27, 2026.
10 Del. C. § 4913(a) (checked October 27, 2026): "Eighty-five percent of the amount of the wages for labor or service of any person residing within the State shall be exempt from mesne attachment process and execution attachment process under the laws of this State"
10 Del. C. § 4913(b)-(c) (checked October 27, 2026): "On any amount of wages due, only 1 attachment may be made. Any creditor causing such attachment to be made shall have the benefit of priority until the judgment with costs for which the attachment was made has been paid in full."
Delaware Justice of the Peace Civil Rule 69(c)(3)(B) (checked October 27, 2026): "Objections may be filed within 10 days of receipt of the answer. Amounts withheld from the judgment debtor's wages shall be calculated in accordance with directions served on the garnishee by the Court"
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