The exemption from wage garnishments for debtor’s who are head of household is not absolute. The wage garnishment exemption statute provides that a debtor can waive his head of household exemption in writing. A creditor may insert in a promissory note, credit agreement, or mortgage note a provision that the debtor waives the wage exemption from execution in the event a creditor gets a judgment for amounts due under the note or credit agreement.
The court upheld the wage garnishment even though it acknowledged that the debtor is head of household. The court found that the waiver statute does not prescribe any particular language or font size to effect a waiver- only that the waiver be “in writing.” The court held that the parties intent is evidenced by their written agreement in the note including giving the creditor the right to pursue the debtor’s earnings in event of default.
Last updated on May 22, 2020