Commonwealth v. Irwin

By Judge Clifford R. WEckstein

An employer withheld wages pursuant to a garnishment summons and transmitted the sums withheld to the cleric of the circuit court which issued the garnishment. After the cleric turned over those sums to the creditor but before the garnishment return date, the debtor filed a homestead deed exempting wages. The question thus presented is whether the sums turned over before the homestead deed was filed are exempt from the creditor’s claim.

The facts, as I state them in this letter opinion, are those stipulated by the parties in a hearing held on May 20, 1993. Both…