The debtor will have to attend the hearing and present evidence or testimony showing the property or money is exempt. The debtor should not be responsible for any costs of collection if the claim of exemption is not contested or found to be valid. However, if the debtor claims an exemption or the creditor files a motion contesting the claim of exemption without a reasonable basis or frivolously, then the court may award costs, including attorney's fees if provided by statute or under a contract, to the prevailing party. You should seek legal advice immediately if your creditor challenges the claim of exemption. There are many different kinds of exemptions under both federal and state law.
Some exemptions have limitations and can be lost or unavailable in certain circumstances.
There are specific exceptions to the exemption for enforcement of child support orders. See I.C. 11-207. This includes wages and government benefits such as Social Security . Annuity Contract Payment I.C. 41-1836 4. Health Aids .