Alaska Wage Garnishment Exemption

 

Wages are protected by federal non bankruptcy law, and by state wage garnishment laws, which are generally more generous than the Federal wage garnishment protection. There are typically exceptions to this exemption for things like child support, and other priority debts.

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Wage Exemptions -- State System

Alaska Law Wage Garnishment Limits

Alaska garnishment law protects $743 per week if debtor is sole support of debtor’s household. 

Alaska earned a “B” from the NCLC for its protection of wages from garnishment, because it “protects enough wages so that paycheck does not drop below the poverty level ($495.19 per week for family of four).”

Federal Non-Bankruptcy Law
(available only if using State System)

Federal "non-bankruptcy" law also offers exemption protection for wages.

Wage Garnishment — Federal System § 522 (no exemption)

Can Alaska debtors use the Federal Bankruptcy exemptions instead of Alaska exemptions?

Yes. Alaska allows residents to use the federal exemptions pursuant to Code § 522(b). If the debtor choses to use the Alaska exemptions, AS § 09.38.055 limits the exemptions available to a debtor filing bankruptcy and residing in Alaska to those within the following statutes: AS §§ 09.38.010, 09.38.015, 09.38.017, 09.38.020, 09.38.025 and 09.38.030.

The Federal Bankruptcy Exemptions under 11 U.S.C. § 522(d) are available to you if

  • you haven't lived in any state longer than 180 days for a while,
  • or
  • if your state allows the Federal exemptions as a choice.
 Alaska collections law and federal labor law (a federal non-bankruptcy exemption) set limits on what wages can be garnished.
 
The Wage Garnishment exemption in bankruptcy is for "earned by unpaid wages"... that is wages you'd earned as of the date you filed, but hadn't been paid for yet.
In a few states, the exemption protects earlier wages deposited in a bank account.
 
As the NCLC pointed out in a 2019 survey of state wage garnishment laws, some states fail to guarantee that a debtor can earn a poverty wage free of garnishment.

See also on LegalConsumer.com

From Elsewhere on the web:


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Jurisdictional relevance: ST

There are versions of this article for each State.