Bankruptcy Exemption Citations
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← Pennsylvania Wages Exemptions

Exemption: Wages of victims of abuse

Citation: Stat. - 42 Pa. Cons. Stat. Ann. § 8127 (f)

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42 Pa. Cons. Stat. Ann. § 8127 (f):
� 8127. Personal earnings exempt from process

(a) General rule and exceptions.--The wages, salaries and commissions of individuals shall while in the hands of the employer be exempt from any attachment, execution or other process except upon an action or proceeding:

(1) Under 23 Pa.C.S. Pt. IV (relating to divorce).

(2) For support.

(3) For board for four weeks or less.

(3.1) For amounts awarded to a judgment creditor- landlord arising out of a residential lease upon which the court has rendered judgment which is final. However, the amount subject to attachment shall have deducted from it any security deposit held by the judgment creditor-landlord and forfeited by the judgment debtor-tenant under section 511.1 of the act of April 6, 1951 (P.L. 69, No. 20), [FN1] known as The Landlord and Tenant Act of 1951, unless the security deposit has been applied to payment of rent due on the same premises for which the judgment for attachment has been entered. The judgment creditor-landlord shall have the burden of proving that such security deposit has been applied to payment of rent due on the premises herein described. The sum attached shall be no more than 10% of the net wages per pay period of the judgment debtor-tenant or a sum not to place the debtor's net income below the poverty income guidelines as provided annually by the Federal Office of Management and Budget, whichever is less. For the purposes of this paragraph, "net wages" shall mean all wages paid less only the following items:

(i) Federal, State and local income taxes.

(ii) F.I.C.A. payments and nonvoluntary retirement payments.

(iii) Union dues.

(iv) Health insurance premiums.

(3.2) In the case of wage attachment arising out of a residential lease, to implement the wage attachment, the judgment creditor- landlord shall comply with the Pennsylvania Rules of Civil Procedure and any applicable local rules. The judgment of the district justice, magistrate or any other court having jurisdiction over landlord and tenant matters or a judgment before the court of common pleas shall reflect that portion of the judgment which is for physical damages arising out of a residential lease.

(4) Under the act of August 7, 1963 (P.L. 549, No. 290), [FN2] referred to as the Pennsylvania Higher Education Assistance Agency Act.

(5) For restitution to crime victims, costs, fines or bail judgments pursuant to an order entered by a court in a criminal proceeding.

(b) Priority.--An order of attachment for support shall have priority over any other attachment, execution, garnishment or wage assignment.

(c) Duty of employer.--

(1) For any wage attachment arising out of a residential lease, the employer shall send the attached wages to the prothonotary of the court of common pleas within 15 days from the close of the last pay period in each month. The employer shall be entitled to deduct from the moneys collected from each employee the costs incurred from the extra bookkeeping necessary to record such transactions, not exceeding $5 of the amount of money so collected. If an employer is served with more than one attachment arising out of a residential lease against the same judgment debtor, then the attachments shall be satisfied in the order in which they were served. Each prior attachment shall be satisfied before any effect is given to a subsequent attachment, subject to subsection (a)(3.2). Upon receipt of the wages, the prothonotary of the court of common pleas shall record and send said wages to the judgment creditor-landlord.

(2) For any wage attachment not arising out of a residential lease, the employer shall send the attached withheld wages to the prothonotary of the court of common pleas to be recorded, and upon receipt, the wages shall be sent to the creditor.

(d) Duty of judgment creditor-landlord.--

(1) Any judgment creditor-landlord who has received satisfaction of any judgment pursuant to this section shall enter satisfaction in the office of the clerk of the court where such judgment is outstanding, which satisfaction shall forever discharge the judgment.

(2) A judgment creditor-landlord who shall fail or refuse for more than 30 days after receiving satisfaction to comply with paragraph (1) shall pay to the judgment debtor-tenant as liquidated damages 1% of the original amount of the judgment for each day of delinquency beyond such 30 days but not more than 50% of the original amount of the judgment. Such liquidated damages shall be recoverable pursuant to general rules, by supplementary proceedings in the matter in which the judgment was entered.

(e) Prohibition against discharge.--The employer shall not take any adverse action against any individual solely because his wages, salaries or commissions have been attached.

(f) Victim of abuse.--This section shall not apply and no wage attachment shall be issued against an abused person or victim, as defined in 23 Pa.C.S. � 6102 (relating to definitions), for physical damages related to residential leases when said person has obtained a civil protection order pursuant to 23 Pa.C.S. � 6101 et seq. (relating to protection from abuse), or has obtained a protective order pursuant to 18 Pa.C.S. � 4954 (relating to protective orders), or is a victim-witness as defined by 18 Pa.C.S. � 4951 (relating to definitions), in a criminal proceeding against a family or household member, as defined in 23 Pa.C.S. � 6102, and it is determined by the court that the physical damages were caused by the family or household member.

(g) Application of section.--This section shall apply to all judgments which remain unsatisfied or arise on or after the effective date of this subsection.

(h) Definition.--For purposes of this section, "physical damages" shall mean the abuse of the physical makeup of the leasehold premises. The term shall include, but not be limited to, the abuse of walls, floors, ceilings or any other physical makeup of the leasehold premises.
Last Amended: 2004
2004
2004 amendment changed "district judge to "magesterial district judge"

2002
1976, July 9, P.L. 586, No. 142, � 2, effective June 27, 1978. Amended 1978, April 28, P.L. 202, No. 53, � 10(95), effective June 27, 1978; 1982, Dec. 20, P.L. 1409, No. 326, art. II, � 201, effective in 60 days; 1990, Dec. 19, P.L. 1240, No. 206, � 4, effective in 90 days; 1996, Feb. 23, P.L. 13, No. 5, � 1, imd. effective; 1998, June 18, P.L. 640, No. 84, � 4, effective in 120 days; 2002, Dec. 9, P.L. 1705, No. 215, � 4.1, imd. effective.
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Other Pennsylvania Exemption Citations

50 State Wages Exemptions

  • Alaska Stat. § 09.38.030 (a),(b) - Weekly net earnings to $473; for sole wage earner in a household, $716; if you don't receive weekly or semi-monthly pay, can claim $1,890 in cash or liquid assets paid any month; for sole wage earner in household, $2,970
  • Alaska Stat. § 09.38.050 (b) - Weekly net earnings to $473; for sole wage earner in a household, $716; if you don't receive weekly or semi-monthly pay, can claim $1,890 in cash or liquid assets paid any month; for sole wage earner in household, $2,970
  • Alaska Admin. Code tit. 8, § 95.030 (d),(e) - Weekly net earnings to $473; for sole wage earner in a household, $716; if you don't receive weekly or semi-monthly pay, can claim $1,890 in cash or liquid assets paid any month; for sole wage earner in household, $2,970
  • Ala. Code § 5-19-15 - With respect to consumer loans, consumer credit sales, and consumer leases, 75% of weekly net earnings or 30 times the federal minimum hourly wage; all other cases, 75% of earned but unpaid wages; bankruptcy judge may authorize more for low-income debtors
  • Ala. Code § 6-10-7 - With respect to consumer loans, consumer credit sales, and consumer leases, 75% of weekly net earnings or 30 times the federal minimum hourly wage; all other cases, 75% of earned but unpaid wages; bankruptcy judge may authorize more for low-income debtors
  • Ark. Code Ann. § 16-66-208 - Earned but unpaid wages due for 60 days; in no event less than $25 per week
  • Ark. Code Ann. § 16-66-218 (b)(6) - Earned but unpaid wages due for 60 days; in no event less than $25 per week
  • Ariz. Rev. Stat. § 33-1131 - 90% of earned but unpaid weekly net earnings or 60 times the federal minimum hourly wage; 50% of wages for support orders; bankruptcy judge may authorize more for low-income debtors
  • Cal. Civ. Proc. Code § 703.140 - None
  • Cal. Civ. Proc. Code § 704.070 - Minimum 75% of wages paid within 30 days prior to filing
  • Cal. Civ. Proc. Code § 704.113 - Public employees' vacation credits; if receiving installments, at least 75%
  • In re Nye, 210 B.R. 857 (D. Colo. 1997) - Minimum 75% of weekly net earnings or 30 times the federal or state minimum wage, whichever is greater, including pension and insurance payments
  • In re Kobernusz, 160 B.R. 844 (D. Colo. 1993) - Minimum 75% of weekly net earnings or 30 times the federal or state minimum wage, whichever is greater, including pension and insurance payments
  • Colo. Rev. Stat. § 13-54-104 - Minimum 75% of weekly net earnings or 30 times the federal or state minimum wage, whichever is greater, including pension and insurance payments
  • Conn. Gen. Stat. Ann. § 52-361a (f) - Minimum 75% of earned but unpaid weekly disposable earnings, or 40 times the state or federal hourly minimum wage, whichever is greater. Conn. Gen. Stat. § 52-361a(f). Disposable income is that left after deductions of taxes, normal retirement contributions, union dues and fees, and health or group life insurance premiums. All wages earned by a public assistance recipient under an incentive earnings program are exempt. Conn. Gen. Stat. § 52-352b(d). No garnishment unless judgment debtor has failed to comply with an installment payment order. Conn. Gen. Stat. § 52-361a(a). Garnishment will be for the statutory maximum, unless the court provides otherwise pursuant to motion for modification. Conn. Gen. Stat. § 52-361a(f). No more than one garnishment at a time. Conn. Gen. Stat. § 52-361a(f). Employer may not discharge or discipline employee for garnishment unless there are more than seven wage executions in one calendar year. Conn. Gen. Stat. § 52-361a(j). Survival after payment/deposit: $1000 of identifiable, directly-deposited wages, deposited during the sixty days before the execution are exempt. Conn. Gen. Stat. § 52-367b(c)
  • Conn. Gen. Stat. Ann. § 52-352b (d) - Minimum 75% of earned but unpaid weekly disposable earnings, or 40 times the state or federal hourly minimum wage, whichever is greater. Conn. Gen. Stat. § 52-361a(f). Disposable income is that left after deductions of taxes, normal retirement contributions, union dues and fees, and health or group life insurance premiums. All wages earned by a public assistance recipient under an incentive earnings program are exempt. Conn. Gen. Stat. § 52-352b(d). No garnishment unless judgment debtor has failed to comply with an installment payment order. Conn. Gen. Stat. § 52-361a(a). Garnishment will be for the statutory maximum, unless the court provides otherwise pursuant to motion for modification. Conn. Gen. Stat. § 52-361a(f). No more than one garnishment at a time. Conn. Gen. Stat. § 52-361a(f). Employer may not discharge or discipline employee for garnishment unless there are more than seven wage executions in one calendar year. Conn. Gen. Stat. § 52-361a(j). Survival after payment/deposit: $1000 of identifiable, directly-deposited wages, deposited during the sixty days before the execution are exempt. Conn. Gen. Stat. § 52-367b(c)
  • Conn. Gen. Stat. Ann. § 52-367b (c) - Minimum 75% of earned but unpaid weekly disposable earnings, or 40 times the state or federal hourly minimum wage, whichever is greater. Conn. Gen. Stat. § 52-361a(f). Disposable income is that left after deductions of taxes, normal retirement contributions, union dues and fees, and health or group life insurance premiums. All wages earned by a public assistance recipient under an incentive earnings program are exempt. Conn. Gen. Stat. § 52-352b(d). No garnishment unless judgment debtor has failed to comply with an installment payment order. Conn. Gen. Stat. § 52-361a(a). Garnishment will be for the statutory maximum, unless the court provides otherwise pursuant to motion for modification. Conn. Gen. Stat. § 52-361a(f). No more than one garnishment at a time. Conn. Gen. Stat. § 52-361a(f). Employer may not discharge or discipline employee for garnishment unless there are more than seven wage executions in one calendar year. Conn. Gen. Stat. § 52-361a(j). Survival after payment/deposit: $1000 of identifiable, directly-deposited wages, deposited during the sixty days before the execution are exempt. Conn. Gen. Stat. § 52-367b(c)
  • D.C. Code Ann. § 24-241.06 - Wages of prisoners in a work release program
  • D.C. Code Ann. § 16-572 - Minimum 75% of earned but unpaid wages, pension payments; bankruptcy judge may authorize more for low-income debtors
  • D.C. Code Ann. § 15-503 - Nonwage (including pension & retirement) earnings to $200/mo for head of family; else $60/mo for a maximum of two months
  • D.C. Code Ann. § 15-501 (e)(11) - Payment for loss of future earnings
  • Del. Code Ann. tit. 10, § 4913 - 85% of earned but unpaid wages
  • Fla. Stat. Ann. § 222.11 - 100% of wages for heads of family up to $750 per week either unpaid or paid and deposited into bank account for up to 6 months
  • Fla. Stat. Ann. § 222.21 - Federal government employees' pension payments needed for support & received 3 months prior
  • Ga. Code Ann. § 18-4-20 - Minimum 75% of earned but unpaid weekly disposable earnings, or 40 times the state or federal hourly minimum wage, whichever is greater, for private & federal workers; bankruptcy judge may authorize more for low-income debtors
  • Ga. Code Ann. § 18-4-21 - Minimum 75% of earned but unpaid weekly disposable earnings, or 40 times the state or federal hourly minimum wage, whichever is greater, for private & federal workers; bankruptcy judge may authorize more for low-income debtors
  • Haw. Rev. Stat. § 353-1 - Prisoner's wages held by Dept. of Public Safety (except for restitution, child support, and other claims)
  • Haw. Rev. Stat. § 353-22 - Prisoner's wages held by Dept. of Public Safety (except for restitution, child support, and other claims)
  • Haw. Rev. Stat. § 353-22.5 - Prisoner's wages held by Dept. of Public Safety (except for restitution, child support, and other claims)
  • Haw. Rev. Stat. § 651-121 (6) - Unpaid wages due for services of past 31 days
  • Iowa Code § 537.5105 - Expected annual earnings Amount NOT exempt per year $0 to $12,000 -- $250 $12,000 to $16,000 -- $400 $16,000 to $24,000 -- $800 $24,000 to $35,000 -- $1,000 $35,000 to $50,000 -- $2,000 More than $50,000 -- 10% Not exempt from spousal or child support In bankruptcy, exemptions of wages and tax refunds may not exceed $1,000
  • Iowa Code § 627.6 (10) - Expected annual earnings Amount NOT exempt per year $0 to $12,000 -- $250 $12,000 to $16,000 -- $400 $16,000 to $24,000 -- $800 $24,000 to $35,000 -- $1,000 $35,000 to $50,000 -- $2,000 More than $50,000 -- 10% Not exempt from spousal or child support In bankruptcy, exemptions of wages and tax refunds may not exceed $1,000
  • In re Irish, 311 B.R. 63 (8th Cir. B.A.P. 2004) - Expected annual earnings Amount NOT exempt per year $0 to $12,000 -- $250 $12,000 to $16,000 -- $400 $16,000 to $24,000 -- $800 $24,000 to $35,000 -- $1,000 $35,000 to $50,000 -- $2,000 More than $50,000 -- 10% Not exempt from spousal or child support In bankruptcy, exemptions of wages and tax refunds may not exceed $1,000
  • Iowa Code § 642.21 - Expected annual earnings Amount NOT exempt per year $0 to $12,000 -- $250 $12,000 to $16,000 -- $400 $16,000 to $24,000 -- $800 $24,000 to $35,000 -- $1,000 $35,000 to $50,000 -- $2,000 More than $50,000 -- 10% Not exempt from spousal or child support In bankruptcy, exemptions of wages and tax refunds may not exceed $1,000
  • Iowa Code § 356.29 - Wages or salary of a prisoner
  • Idaho Code § 11-605 (12) - Minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage, whichever is greater, but not more than $2,500 per calendar year; pension payments; bankruptcy judge may authorize more for low-income debtors
  • Idaho Code § 11-207 - Minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage, whichever is greater, but not more than $2,500 per calendar year; pension payments; bankruptcy judge may authorize more for low-income debtors
  • 735 Ill. Comp. Stat. 5/12-803 - Minimum 85% of earned but unpaid weekly wages or 45 times the federal minimum hourly wage; bankruptcy judge may authorize more for low-income debtors. NOTE This exemption may no longer be allowed by all Illinois courts. See In re Radzilowski, 448 BR 767.
  • In re Mayer, 388 BR 869 (Bankr.ND Ill 2008) - Minimum 85% of earned but unpaid weekly wages or 45 times the federal minimum hourly wage; bankruptcy judge may authorize more for low-income debtors. NOTE This exemption may no longer be allowed by all Illinois courts. See In re Radzilowski, 448 BR 767.
  • But see, In re Koeneman, 410 B.R. 820 (Bankr.N.D.Ill 2009) - Minimum 85% of earned but unpaid weekly wages or 45 times the federal minimum hourly wage; bankruptcy judge may authorize more for low-income debtors. NOTE This exemption may no longer be allowed by all Illinois courts. See In re Radzilowski, 448 BR 767.
  • But see, In re Radzilowsky, 448 BR 767 (Bankr. N.D. Ill 2011) - Minimum 85% of earned but unpaid weekly wages or 45 times the federal minimum hourly wage; bankruptcy judge may authorize more for low-income debtors. NOTE This exemption may no longer be allowed by all Illinois courts. See In re Radzilowski, 448 BR 767.
  • 740 Ill. Comp. Stat. 170/4 - Minimum 85% of earned but unpaid weekly wages or 45 times the federal minimum hourly wage; bankruptcy judge may authorize more for low-income debtors. NOTE This exemption may no longer be allowed by all Illinois courts. See In re Radzilowski, 448 BR 767.
  • In re Haraughty, 403 BR 607 (Bankr. SD Indiana 2009) - Minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage; bankruptcy judge may authorize more for low-income debtors
  • Ind. Code Ann. § 24-4.5-5-105 - Minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage; bankruptcy judge may authorize more for low-income debtors
  • In re Urban, 262 B.R. 865 (Bankr. D.Kan 2001) - Minimum 75% of disposable weekly wages or 30 times the federal minimum hourly wage per week, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • Kan. Stat. Ann. § 60-2310 - Minimum 75% of disposable weekly wages or 30 times the federal minimum hourly wage per week, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • Ky. Rev. Stat. Ann. § 427.010 (2),(3) - Minimum 75% of disposable weekly earnings or 30 times the federal minimum hourly wage per week, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • La. Rev. Stat. Ann. § 13:3881 (A)(1) - Minimum 75% of disposable weekly earnings or 30 times the federal minimum hourly wage per week, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • La. Rev. Stat. Ann. § 13:3951 - Wages earned out of state exempt from out of state debts
  • Mass. Gen. Laws ch. 246, § 28 - Earned but unpaid wages to 85% of gross wages OR 50 times minimum wage per week, whichever is greater
  • Mass. Gen. Laws ch. 235, § 34 (15) - Earned but unpaid wages to 85% of gross wages OR 50 times minimum wage per week, whichever is greater
  • Md. Code Ann., [Com. Law] § 15-601.1 - Earned but unpaid wages, the greater of 75% or $145 per week; in Kent, Caroline, & Queen Anne's of Worcester Counties, the greater of 75% or 30 times federal minimum hourly wage
  • Marshall v. Safeway, Inc., 437 Md. 542 (MD 2014) - Earned but unpaid wages, the greater of 75% or $145 per week; in Kent, Caroline, & Queen Anne's of Worcester Counties, the greater of 75% or 30 times federal minimum hourly wage
  • Md. Code Ann., [Cts. & Jud. Proc.] § 11-504 (e) - Earned but unpaid wages, the greater of 75% or $145 per week; in Kent, Caroline, & Queen Anne's of Worcester Counties, the greater of 75% or 30 times federal minimum hourly wage
  • In re Stine, 360 F.3d 455 (4th Cir. 2004) - Earned but unpaid wages, the greater of 75% or $145 per week; in Kent, Caroline, & Queen Anne's of Worcester Counties, the greater of 75% or 30 times federal minimum hourly wage
  • Bank of America v. Stine, 379 Md. 76, 839 A.2d 727 ( 2003) - Earned but unpaid wages, the greater of 75% or $145 per week; in Kent, Caroline, & Queen Anne's of Worcester Counties, the greater of 75% or 30 times federal minimum hourly wage
  • Mich. Comp. Laws § 600.5311 - Head of household may keep 60% of earned but unpaid wages (no less than $15/week), plus $2/week per nonspouse dependent; if not head of household may keep 40% (no less than $10/week)
  • Minn. Stat. Ann. § 550.37 subd. 14 - Wages, paid within 6 mos. of returning to work, after receiving welfare or after incarceration; includes earnings deposited in a financial institution in the last 60 days 550.37 subd. 14
  • Minn. Stat. Ann. § 571.922 - Minimum 75% of weekly disposable earnings or 40 times federal minimum hourly wage, whichever is greater
  • Minn. Stat. Ann. § 550.37 subd. 13 - Wages deposited into bank accounts for 20 days after depositing
  • Mo. Rev. Stat. § 513.470 - Wages of servant or common laborer to $90
  • Mo. Rev. Stat. § 525.030 - Minimum 75% of weekly earnings (90% of weekly earnings for head of family), or 30 times the federal minimum hourly wage, whichever is more; bankruptcy judge may authorize more for low-income debtors
  • In re Parsons, 437 B.R. 854 (Bankr. E.D. Mo. 2010) - Minimum 75% of weekly earnings (90% of weekly earnings for head of family), or 30 times the federal minimum hourly wage, whichever is more; bankruptcy judge may authorize more for low-income debtors
  • Miss. Code Ann. § 85-3-4 - Earned but unpaid wages owed for 30 days; after 30 days, minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage, whichever is greater (bankruptcy judge may authorize more for low-income debtors)
  • Mont. Code Ann. § 25-13-614 - Minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • N.C. Gen. Stat. § 1-362 - Earned but unpaid wages received 60 days before filing for bankruptcy, needed for support
  • N.D. Cent. Code § 32-09.1-03 - Minimum 75% of disposable weekly earnings or 40 times the federal minimum wage, whichever is more; bankruptcy judge may authorize more for low-income debtors NOTE: This exemption is only applicable in garnishment proceedings.
  • N.D. Cent. Code § 28-22-18 - Minimum 75% of disposable weekly earnings or 40 times the federal minimum wage, whichever is more; bankruptcy judge may authorize more for low-income debtors NOTE: This exemption is only applicable in garnishment proceedings.
  • Neb. Rev. Stat. § 25-1558 - Minimum 85% of earned but unpaid weekly disposable earnings or pension payments for head of family; minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage, whichever is greater, for all others; bankruptcy judge may authorize more for low-income debtors
  • N.H. Rev. Stat. Ann. § 512:21 (III) - Earned but unpaid wages of spouse
  • N.H. Rev. Stat. Ann. § 512:21 (II) - 50 times the federal minimum hourly wage per week NOTE: Does not apply as a bankruptcy exemption provision. In re Damast, 136 B.R. 11, 20 (Bankr. D. N.H. 1991)
  • In re Damast, 136 B.R. 11 (Bankr. D. N.H. 1991) - 50 times the federal minimum hourly wage per week NOTE: Does not apply as a bankruptcy exemption provision. In re Damast, 136 B.R. 11, 20 (Bankr. D. N.H. 1991)
  • N.J. Stat. Ann. § 2A:17-56 - 90% of earned but unpaid wages if annual income under 250% of the poverty level for family size; 75% if annual income is more than that amount
  • N.J. Stat. Ann. § 38A:4-8 - Wages or allowances received by military personnel
  • N.M. Stat. Ann. § 35-12-7 - Minimum 75% of disposable earnings or 40 times the hourly minimum wage (state, fed, or local), whichever is more; bankruptcy judge may authorize more for low-income debtors
  • Nev. Rev. Stat. Ann. § 31.295 - Minimum 75% of disposable weekly earnings or 50 times the federal minimum hourly wage per week, whichever is more; bankruptcy judge may authorize more for low-income debtors
  • Nev. Rev. Stat. Ann. § 21.090 (1)(g) - Minimum 75% of disposable weekly earnings or 50 times the federal minimum hourly wage per week, whichever is more; bankruptcy judge may authorize more for low-income debtors
  • In re Christensen, 122 Nev. 1309, 149 P.3d 40 ( 2006) - Minimum 75% of disposable weekly earnings or 50 times the federal minimum hourly wage per week, whichever is more; bankruptcy judge may authorize more for low-income debtors
  • N.Y. CPLR § 5205 (f) - 90% of earnings from dairy farmer's sales to milk dealers
  • N.Y. CPLR § 5205 (e) - 100% of pay of noncommissioned officer, private, or musician in U.S. or N.Y. state armed forces
  • N.Y. Soc. Serv. Law § 137-a - wages exempt from installment payments while on public assistance
  • N.Y. CPLR § 5205 (d) - 90% of earned wages within 60 days before filing
  • In re Wiltsie, 463 B.R. 223 (Bankr.N.D.N.Y. 2011) - 90% of earned wages within 60 days before filing
  • N.Y. CPLR § 5231 (b) - 90% of earned wages within 60 days before filing
  • Ohio Rev. Code Ann. § 2329.66 (A)(13) - Minimum 75% of disposable weekly earnings or 40 times the federal hourly minimum wage, whichever is higher; bankruptcy judge may authorize more for low-income debtors
  • 12 Okla. Stat. Ann. § 1171.1 - 75% of wages earned in 90 days before filing bankruptcy; bankruptcy judge may allow more if you show hardship
  • 31 Okla. Stat. Ann. § 1 (A)(18) - 75% of wages earned in 90 days before filing bankruptcy; bankruptcy judge may allow more if you show hardship
  • 31 Okla. Stat. Ann. § 1.1 - 75% of wages earned in 90 days before filing bankruptcy; bankruptcy judge may allow more if you show hardship
  • Or. Rev. Stat. § 18.385 - 75% of disposable wages or $170 per week, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • Or. Rev. Stat. § 292.070 - Wages withheld in state employee's bond savings accounts
  • 61 Pa. Cons. Stat. Ann. § 3704 - Prison inmates wages (repealed)
  • 42 Pa. Cons. Stat. Ann. § 8127 (f) - Wages of victims of abuse
  • 42 Pa. Cons. Stat. Ann. § 8127 - Earned but unpaid wages
  • R.I. Gen. Laws § 9-26-4 (8)(iii) - Earned but unpaid wages to $50
  • R.I. Gen. Laws § 30-7-9 - Earned but unpaid wages due military member on active duty
  • R.I. Gen. Laws § 9-26-4 (6) - Earned but unpaid wages due seaman
  • R.I. Gen. Laws § 9-26-4 (8)(ii) - Wages of any person who had been receiving public assistance are exempt for 1 year after going off of relief
  • R.I. Gen. Laws § 9-26-4 (9) - Wages of spouse & minor children
  • R.I. Gen. Laws § 9-26-4 (8)(i) - Wages paid by charitable organization or fund providing relief to the poor
  • S.D. Codified Laws Ann. § 15-20-12 - Earned wages owed 60 days before filing bankruptcy, needed for support of family
  • S.D. Codified Laws Ann. § 24-8-10 - Wages of prisoners in work programs
  • Tenn. Code Ann. § 26-2-106 - Minimum 75% of disposable weekly earnings or 30 times the federal minimum hourly wage, whichever is more, plus $2.50 per week per child; bankruptcy judge may authorize more for low-income debtors
  • Tenn. Code Ann. § 26-2-107 - Minimum 75% of disposable weekly earnings or 30 times the federal minimum hourly wage, whichever is more, plus $2.50 per week per child; bankruptcy judge may authorize more for low-income debtors
  • Tex. Prop. Code Ann. § 42.001 (d) - Unpaid commissions not to exceed 25% of total personal property exemptions
  • Tex. Prop. Code Ann. § 42.001 (b)(1) - Earned but unpaid wages
  • 15 U.S.C. § 1673 - Minimum 75% of disposable weekly earnings or 30 times the federal hourly wage, whichever is more; bankruptcy judge may authorize more for low-income debtors. NOTE: Declared not a bankruptcy exemption by numerous Federal courts
  • 46 U.S.C. § 11109 - Seaman's wages (while on a voyage) persuant to a written contract
  • 11 U.S.C. § 522 (d) - None
  • Utah Code Ann. § 78B-5-505 (1)(a)(xvi) - Unpaid earnings as of the date of filing not more than 1/24th or of the annual Median Income for the state of Utah, or 1/12 if earnings are not paid more than once a month.
  • Utah R. Civ. Proc. Rule 64D (a) - Earnings to lesser of (1) 75% of debtor's disposable earnings (50% for child support) or (2) amount by which disposable earnings exceed 37x the minimum wage per week.
  • Gladwell v. Reinhart, 2012 UT 82 ( 2012) - Unpaid earnings as of the date of filing not more than 1/24th or of the annual Median Income for the state of Utah, or 1/12 if earnings are not paid more than once a month.
  • Va. Code Ann. § 34-4.2 - Parent w household gross income, including any support payments for children living in the home, less than $1,750 per month, can exempt from wage garnishment: * $34 per week for one child; * $52 per week for two children; * $66 per week for three or more children
  • Va. Code Ann. § 34-29 - Minimum 75% of weekly disposable earnings or 40 times the federal minimum hourly wage, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • Vt. Stat. Ann. tit. 12, § 3170 - Minimum 75% of weekly disposable earnings or 30 times the federal minimum hourly wage, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • Vt. Stat. Ann. tit. 12, § 3170 - Entire wages, if you received welfare during 2 months before filing
  • Wash. Rev. Code Ann. § 72.65.060 - Earnings of work release prisoners
  • Wash. Rev. Code Ann. § 6.27.150 - Minimum 75% of weekly disposable earnings or 30 times the federal minimum hourly wage, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • Wis. Stat. Ann. § 303.10 - Wages of county work camp prisoners
  • Wis. Stat. Ann. § 303.08 (3) - Wages of county jail prisoners
  • Wis. Stat. Ann. § 303.065 (4)(b) - Wages of inmates under work-release plan
  • Wis. Stat. Ann. § 815.18 (3)(h) - 75% of weekly net income or 30 times the greater of the federal or state minimum hourly wage; bankruptcy judge may authorize more for lowincome debtors
  • W. Va. Code § 38-5A-3 - Minimum 30 times the federal minimum hourly wage per week; bankruptcy judge may authorize more for low-income debtors
  • Wyo. Stat. § 19-9-401 - Earnings of National Guard members
  • Wyo. Stat. § 1-15-511 - Minimum 75% of disposable weekly earnings or 30 times the federal hourly minimum wage, whichever is more
  • Wyo. Stat. § 7-18-114 - Wages of inmates in adult community corrections program
  • Wyo. Stat. § 25-13-107 - Wages of inmates in correctional industries program
  • Wyo. Stat. § 7-16-308 - Wages of inmates on work release
  • Wyo. Stat. § 1-15-408 - Minimum 75% of disposable weekly earnings or 30 times the federal hourly minimum wage, whichever is more
  • Wyo. Stat. § 40-14-505 - Minimum 75% of disposable weekly earnings or 30 times the federal hourly minimum wage, whichever is more
  • In re Walsh, 96 P.3d 1 (Wyo. 2004) - Minimum 75% of disposable weekly earnings or 30 times the federal hourly minimum wage, whichever is more