Stop Wage Garnishment in Indiana

Legal Expert
Sarah Edwards, BS

Sarah Edwards is a professional researcher and writer specializing in legal content. An Emerson College alumna, she holds a Bachelor of Science in Communication from the prestigious Boston institution.

Edited by Hannah Locklear

Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

There are ways to avoid wage garnishment in Indiana.

Summary: If a creditor garnishes your wages in Indiana, they can seize up to 25% of your disposable earnings. SoloSuit explains how to stop wage garnishment in Indiana.

When you take out a loan or a credit card, you assume responsibility for repaying the obligation. Typically, creditors require you to make monthly payments until you repay the debt. If you fall behind on your payments, you’ll start hearing from your creditors through regular phone calls and letters.

Whatever the reason for your lack of payments, it’s critical to communicate with your lender to avoid legal repercussions. Your creditor will likely try to work with you in the early days of missed payments. It may forgive late fees or allow you to make smaller repayments until you get back on your feet.

If you don’t explain your circumstances to the creditor, it will take further action, like suing you for an unpaid debt or selling the account to a collections agency. A debt lawsuit can result in a judgment, which the creditor will use to garnish your wages in Indiana.

Indiana has strict laws concerning wage garnishment

Indiana has some of the most rigid rules for wage garnishment in the nation. According to Ind. Code § 24-4.5-5-105, creditors can garnish your wages for the lesser of these two amounts:

25% of your weekly disposable earnings.
The amount your weekly disposable earnings exceed 30 times the federal minimum wage of $7.25 hourly.

Indiana has a special rule allowing debtors to request a reduced wage garnishment of between 10% and 25% of their weekly disposable earnings. However, to qualify for the reduced garnishment, they must show good cause to the court. It’s up to the judge’s discretion to grant a smaller wage garnishment percentage.

Ind. Code § 24-4.5-5-105 defines disposable earnings as your income after any required withholdings, such as federal and state taxes.

Generally, creditors must file a lawsuit against you (and win) to start the wage garnishment process. They can’t simply reach out to your employer and request them to begin withholding money from your pay to satisfy a debt.

An exception occurs if you owe past-due back taxes, child support, or federal student loans. The appropriate authorities can file a wage garnishment against you without going through a legal process. The amount they can withhold varies. For instance, people who owe child support may lose up to 65% of their disposable earnings until they repay the amount due.

Let’s consider an example.

Example: Elaine took out a bank loan with Funny Finance for $2,250 that she planned to use for home repairs. After renovating her kitchen, Elaine experienced health issues that led her to stop working. She stopped making payments on her loan without communicating with Funny Finance. After recovering from her illness, Elaine starts working again. Funny Finance decides to sue Elaine for the unpaid debt. It wins the Indiana lawsuit and uses the judgment to start the wage garnishment process. Elaine takes home $750 weekly in disposable earnings, so her employer withholds $187.50 from each paycheck, or 25% of her pay. The amount is less than the other option, which is $532.50, or $1000 - (30 x $7.25). Her employer will withhold the amount for 12 weeks to satisfy the entire debt. Elaine can ask the court to garnish her wages for a lesser amount of 10% of her disposable earnings, or $75, but she will need to show good cause, and the judge has the discretion to decide whether to accept her petition.

In our example, Elaine will pay up to $750 monthly toward her debt, making it much harder to meet her other obligations, like a car payment or rent. She could have avoided wage garnishment if she had taken action before her court date.

Don’t allow creditors to garnish your wages in Indiana

You don’t have to give into a creditor’s debt lawsuit. Instead, fight the case or attempt to repay your debt before your court date. The alternative of wage garnishment is much worse than repaying or settling your debt. A wage garnishment reduces your income for months, and you might find it embarrassing since your employer will know of it.

Responding to your creditor’s lawsuit with an Answer is your first step to fighting wage garnishment. An Answer is your formal response to a creditor’s Complaint against you. In it, you’ll list your reasons for nonpayment or why you believe you don’t owe the debt.

Check out the following video for six tips on responding to a debt lawsuit:

You’ll want to file an Answer even if you plan to resolve the debt before your court date. The Answer will prevent the judge from granting a default judgment against you if things don’t go your way. You’ll have a chance to defend yourself.

You must decide whether you’ll repay the obligation in full or try to settle it. Repaying the debt stops the lawsuit and any further activity from your creditor. The creditor can’t sue you since you no longer owe it any money. You can move on without fear of hearing from the creditor in the future.

However, you may not have the money to satisfy the debt entirely. In that case, you can consider debt settlement. Debt settlement occurs when you offer the creditor a percentage of the debt in exchange for release from the remainder of the obligation.

If the creditor accepts your offer, it will drop the lawsuit and report your debt settled once it receives your payment.

Usually, creditors prefer debt settlement to wage garnishment because they’ll collect money up front. They won’t need to deal with the court or your employer.

Settle with SoloSettle

Make an Offer

There are alternatives to wage garnishment

The pressure of a pending debt lawsuit and possible wage garnishment can be anxiety-inducing. However, you have alternatives. You don’t have to give in to wage garnishment. Instead, try repaying or settling your debt before your court date. That way, you won’t need to worry about a creditor seizing part of your weekly pay.

SoloSettle, powered by SoloSuit, can help you settle your Indiana debt today.

What is Solo?

Solo makes it easy to resolve debt with debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt. SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

SoloSettle can help you contact your debt collector or creditor and negotiate the debt to settle for less, all online. It simplifies and streamlines the process to settling your debt.

No matter where you find yourself in the debt collection process, Solo is here to help you resolve your debt.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Debt collector guides

Are you being contacted by a debt collector? We’re making guides on how to resolve debt with each one.

Arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Bankruptcy

Bankruptcy is a great way to legally resolve debt, but it's usually best to consider it as a last resort. Here are some bankruptcy guides to help you decide which debt resolution option is best for you.

Check your case status

Don’t have time to go to your local courthouse to check the status of your case? We’ve created state guides on how to check the status of your case throughout the US, complete with online search tools and court directories.

Credit

Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt, along with other credit-related resources.

Debt collection FAQs

Find answers to some of our the most commonly-asked questions about debt collection below.

Debt collection documents and templates

If you're dealing with debt, these documents and templates will help you respond, protect your rights, negotiate, and resolve your debts.

Debt relief

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt settlement

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created state guides on debt settlement. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

Eviction

Facing an eviction? The following guides will help you navigate your situation with confidence.

Federal debt collection laws

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Legal aid

Helping people find access to justice is at the heart of Solo's misison. If you're dealing with a legal debt issue, the following guides will help you through it.

Medical debt

Having a health challenge is stressful, but dealing with medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

Personal finance

Learn how to manage your finances and overcome crushing debt. Check out our personal finance guides below.

State debt collection laws

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote guides on each state’s statutes and more.

Stop collection calls

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Wage garnishment

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in your state, plus other wage garnishment resources.

The Debt Hotline

Hosted by Team Solo, The Debt Hotline breaks down debt and personal finance topics with help from attorneys, financial experts, and industry pros. We respond to real questions to help you navigate debt with knowledge and courage.

Other debt resources

It only takes 15 minutes.

And 50% of our customers' cases have been dismissed in the past.

"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather

Get Started