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Exemptions from levy

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prplegal

Junior Member
What is the name of your state? PA

I have a judgement against me and my checking accounts have been garnished- The holds went on the account Nov 7th... they requested an update to the interogatory on Dec 14- During that time my direct deposit payroll was put into one of the accounts with the hold on it.

In my claim for exemption- I requested the $300 debtors exemption

I also asked for an exemption on the 2 automatic deposits which were my entire paychecks.

In PA, I understand wages are exempt, but does that mean only while in the hands of the employer, and once deposited are fair game?

My hearing is next week and I found Rule 3111.1 which cites the following

Rule 3111.1. Exemptions from levy and attachment.
In the absence of a court order, service of the writ upon a bank or other financial institution as garnishee shall not attach the defendant's funds on deposit with the bank or other financial institution in an account in which

(1) funds are deposited electronically on a recurring basis and are identified as being funds that are exempt from execution, levy or attachment under Pennsylvania or federal law, or

Official Note: Examples of state and federal laws are set forth in the note to Rule 3123.1.

Any chance of the judge being somewhat fair in that they have held my wages for over 6 weeks now?
 



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