Wage garnishment is a court-ordered or legally authorized withholding of part of your paycheck to pay a debt. Federal law caps how much can be taken, and states may add more protection.
When it can happen
- For most consumer debts, a creditor needs a court judgment first.
- Child support, alimony, unpaid taxes and defaulted federal student loans can be collected without a regular court judgment, through special procedures.
- A few states, including Texas, Pennsylvania, North Carolina and South Carolina, largely bar wage garnishment for ordinary consumer debts. Check current state law.
The federal limit
For most ordinary debts, the law generally limits garnishment to the lesser of 25 percent of your disposable earnings or the amount by which your weekly disposable earnings exceed 30 times the federal minimum wage. Support orders can reach a higher share. Some states set stricter limits.
What you can do
- Read the notice and respond before the deadline.
- Check whether the debt is valid and the judgment is correct.
- Ask the court about exemptions, such as for low income or head-of-household status.
- Negotiate a payment plan with the creditor.
- Consider bankruptcy, which can stop garnishment through the automatic stay.
- Contact legal aid or a consumer attorney.
Employer rules
Federal law protects you from being fired for a single garnishment. Your employer must follow the order exactly, and you should keep copies of every notice.
Frequently asked questions
Can my bank account be frozen too?
Creditors with a judgment can often levy a bank account, subject to exempt funds such as certain federal benefits.
Can I stop garnishment immediately?
Not usually, but filing for bankruptcy or getting a court order can pause it. Act quickly.