Wage garnishment, also called wage attachment, is a legal process for collecting a monetary judgment for a creditor if a debtor does not pay their debt. It involves a court order requiring that an employee withholds a portion of the debtor's paycheck and sends it to the creditor. Non-wage garnishment, known as a bank levy, is when creditors can directly access a debtor’s bank account. Garnishment most often happens when a creditor sues a debtor for nonpayment of debt and wins in court. However, a creditor may be able to achieve garnishment without a court order.
Wage garnishment sources include child support, consumer debts, student loans, and tax levies. Garnishment begins anywhere between five to 30 days after the court notice, depending on the state and the creditor. Federal limits determine how much of a debtor's income a creditor may take. This depends on the type of debt. For example, about 15% of a debtor's weekly disposable income may be taken for federal student loans and taxes, while up to 50-60% may be taken for child support or alimony. Under federal law, creditors can typically garnish 25% of an employee's disposable earnings or an employee's disposable earnings less than 30 times the federal minimum wage ($7.25/hour), whichever is less. Disposable income is defined as the income remaining after tax deductions and other mandatory charges available to the employee to be saved or spent as they please. States have the power to impose stricter limits, but not all do so.
Debtors have rights in the wage garnishment process. The debtor is legally notified of the garnishment and a dispute can be filed with the notice of inaccurate information or if the debtor believes they do not owe the debt. Social Security and veterans benefits are exempt from wage garnishment although they may not be once they enter the debtor's bank account. A debtor cannot be fired for having one wage garnishment but may be fired if they incur more than one.
Wage Garnishment Laws by State
Below are each state's laws for wage garnishments. Please note that the laws listed below are not complete or comprehensive. Many states have separate laws for wage garnishments concerning child support, student loans, and unpaid taxes. Additionally, states have varying statutes of limitations. If you are facing a wage garnishment judgment, contact an attorney in your state.
- 25% of weekly disposable earnings
- Amount by which the debtor’s disposable earnings exceeds thirty (30) times the minimum wage.
- Allowed by an action on an express or implied contract
- Wages and eamings are garnishable
- 25% of the statutory net disposable earnings of debtor
- The court may reduce to as low as 15%
- Federal garnishment rules and exemptions are used.
- 25% of the debtor’s net disposable earnings
- Once the levy has been served on the employer by the sheriff or marshal, it remains in effect until the judgment has been paid in full
- Gross earnings for the First Pay Period less deductions required by Law
- The maximum amount which can legally be withheld from a debtor’s wages is the lessor of: 25% of weekly disposable earnings or the amount by which the debtor’s disposable earnings exceeds forty (40) times the higher of either
- 15% of statutory net income
- Garnishment remains in effect until the judgment is paid in full
- Bank accounts cannot be garnished
- Garnishments are stacked and kept in place while the senior in-time garnishment is paid off.
- 25% of disposable income can be attached by wage garnishment.
- Florida Statutes offer a significant exemption to wage garnishment known as the “head of family” exemption
- Florida Head of Family Exemption: If an employee is the head of the family and makes less than $750 per week, wages cannot be garnished. The head of the family must provide more than one-half of the support for a dependent or child.
- The maximum part of the aggregate disposable earnings of an individual for any work week which is subject to garnishment may not exceed the lesser of twenty-five percent (25%) of his disposable earnings for that week or the amount by which his disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage.
- For earnings for a period other than a week, a multiple of the federal minimum hourly wage equivalent in effect shall be used.
- The portion of the defendant’s after tax wages that must be withheld is 5% of the first $100 per month, 10% of the next $100.00 per month and 20% of all sums in excess of $200.00 per month, or an equivalent portion of these amounts per week.
- The maximum part of an individual’s disposable earnings for the work week subject to garnishment may not exceed the lesser of 25% of the disposable earnings or the amount of the disposable earnings that exceed 30 times the federal minimum hourly wage
- The maximum part of an individual’s disposable earnings for the work week that can be garnished is the greater of 15% of the disposable earnings or 45 times the amounts stated in section 4 of the state’s Minimum Wage Act
- The maximum part of an individual’s aggregate disposable earnings for the workweek that is subject to garnishment in Indiana is the lesser of 25% of the disposable earnings or the amount of the disposable earnings that exceed 30 times the federal minimum hourly wage
- Garnishments last for seventy days. The maximum part of an individual’s aggregate disposable earnings for the workweek that is subject to garnishment in Indiana is the lesser of 25% of the disposable earnings or The amount of the disposable earnings that exceed 40 times the federal minimum hourly wage.
- The maximum part of an individual’s aggregate disposable earnings for the workweek that is subject to garnishment in Indiana is the lesser of 25% of the disposable earnings or the amount of the disposable earnings that exceed 30 times the federal minimum hourly wage or the amount of plaintiff’s claim stated in the order for garnishment
- After a 10-day waiting period from the date of judgment, a creditor may, using a pre-approved state form, file for wage garnishment to be issued by the clerk of the court, and an order of garnishment is then mailed to the garnishee employer
- The employer has 20 days within which to respond. If the garnishee employer fails to answer, it may be held liable to the creditor for failing to honor the garnishment
- Louisiana uses the federal wage garnishment guidelines
- Wage garnishments are effective immediately on service of the garnishment on the employer. The amount withheld is 25% of disposable income.
- 401K or other retirement funds are not counted as disposable income.
- Deductions are to be withheld from every paycheck and are remitted by the employer at least monthly
- The garnishment stays in effect until the full balance due is paid, including all attorney's fees, interest, and court costs
- Garnishment is available after a judgment issued and a supplementary (disclosure) hearing is held or if the debtor fails to appear at the disclosure hearing, a garnishment order may issue for 25% of the debtor's disposable earnings on a weekly basis or the amount which the disposable weekly earnings exceed 40 times the federal minimum wage, whichever is less or If the judgment debtor fails to pay two installments after being ordered to do so
- Disposable wages are defined as the wages that remain after mandatory deductions required by law, plus medical insurance payments
- The amount exempt is the greater of 75% of disposable wages, or $145 times the number of weeks in which the wages were earned
- Wage attachments may be obtained by bringing an action under G.L. c. 246 for trustee process, based on a judgment only, usually after unsuccessful supplementary process proceedings
- Federal statute limits withholding to 25% of disposable earnings per week, unless the debtor’s earnings are at or near the minimum wage, 15 USC 1673, in which case no withholding is allowed.
- The maximum part of an individual’s disposable earnings for a pay period that can be garnished may not exceed the lesser of 25% of the disposable earnings or the amount of the disposable earnings that exceed 40 times the federal minimum hourly wage
- The first 30 days’ wages after service of garnishment are exempt. After 30 days, 75% of wages are exempt
- An employer may withhold and pay when total judgment is collected but must pay at least once per year unless ordered otherwise.
- Garnishments are paid in the order they are served. The first one served must be paid in full before the second one can be paid
- Missouri follows federal wage garnishment laws, which allow up to 25% of disposable earnings to be garnished, or the amount by which disposable earnings exceed 30 times the federal minimum wage, whichever is less.
-The maximum amount which can legally be withheld from a debtor’s wages is the lesser of 25% of weekly disposable earnings or the amount by which the debtor’s disposable earnings exceeds thirty (30) times the higher of either
- The maximum amount which can legally be withheld from a debtor’s wages is the lesser of 25% of weekly disposable earnings or the amount by which the debtor’s disposable earnings exceeds thirty (30) times the higher of either
- The maximum amount which can legally be withheld from a debtor’s wages is the lesser of 25% of weekly disposable earnings or the amount by which the debtor’s disposable earnings exceeds fifty (50) times the higher of either
- The maximum amount which can legally be withheld from a debtor’s wages is the lesser of 25% of weekly disposable earnings or the amount by which the debtor’s disposable earnings exceeds forty (40) times the higher of either
- The maximum amount which can legally be withheld from a debtor’s wages is the lesser of 25% of weekly disposable earnings or the amount by which the debtor’s disposable earnings exceeds forty (40) times the higher of either
- The maximum amount which can legally be withheld from a debtor’s wages is the lesser of 25% of weekly disposable earnings or the amount by which the debtor’s disposable earnings exceeds thirty (30) times the higher of either
- The maximum amount which can legally be withheld from a debtor’s wages is the lesser of 25% of weekly disposable earnings or the amount by which the debtor’s disposable earnings exceeds thirty (30) times the higher of either
- The maximum amount which can legally be withheld from a debtor’s wages is the lesser of 25% of weekly disposable earnings or the amount by which the debtor’s disposable earnings exceeds thirty (30) times the higher of either
- The maximum amount which can legally be withheld from a debtor’s wages is the lesser of 25% of weekly disposable earnings or the amount by which the debtor’s disposable earnings exceeds forty (40) times the higher of either
- The maximum amount which can legally be withheld from a debtor’s wages is the lesser of 25% of weekly disposable earnings or the amount by which the debtor’s disposable earnings exceeds thirty (30) times the higher of either
- The maximum amount which can legally be withheld from a debtor’s wages is the lesser of 25% of weekly disposable earnings or the amount by which the debtor’s disposable earnings exceeds thirty (30) times the higher of either
- The maximum amount which can legally be withheld from a debtor’s wages is the lesser of 25% of weekly disposable earnings or the amount by which the debtor’s disposable earnings exceeds forty (40) times the higher of either
- The maximum amount which can legally be withheld from a debtor’s wages is the lesser of 25% of weekly disposable earnings or the amount by which the debtor’s disposable earnings exceeds thirty (30) times the higher of either
- The maximum amount which can legally be withheld from a debtor’s wages is the lesser of 25% of weekly disposable earnings or the amount by which the debtor’s disposable earnings exceeds forty (40) times the higher of either
- The maximum amount which can legally be withheld from a debtor’s wages is the lesser of 25% of weekly disposable earnings or the amount by which the debtor’s disposable earnings exceeds thirty (30) times the higher of either
- The maximum amount which can legally be withheld from a debtor’s wages is the lesser of 25% of weekly disposable earnings or the amount by which the debtor’s disposable earnings exceeds forty (40) times the higher of either
- Tennessee follows federal wage garnishment laws, which allow up to 25% of disposable earnings to be garnished, or the amount by which disposable earnings exceed 30 times the federal minimum wage, whichever is less.
- Texas has limitations on wage garnishment, with only a few types of debt being eligible for wage garnishments, such as child support, taxes, and student loans
- For eligible debts, Texas follows federal wage garnishment laws, which allow up to 25% of disposable earnings to be garnished, or the amount by which disposable earnings exceed 30 times the federal minimum wage, whichever is less.
- Utah follows federal wage garnishment laws, which allow up to 25% of disposable earnings to be garnished, or the amount by which disposable earnings exceed 30 times the federal minimum wage, whichever is less.
- Vermont follows federal wage garnishment laws, which allow up to 25% of disposable earnings to be garnished, or the amount by which disposable earnings exceed 40 times the federal minimum wage, whichever is less.
- Virginia follows federal wage garnishment laws, which allow up to 25% of disposable earnings to be garnished, or the amount by which disposable earnings exceed 40 times the federal minimum wage, whichever is less.
- Washington follows federal wage garnishment laws, which allow up to 25% of disposable earnings to be garnished, or the amount by which disposable earnings exceed 35 times the state minimum wage, whichever is less.
- West Virginia follows federal wage garnishment laws, which allow up to 25% of disposable earnings to be garnished, or the amount by which disposable earnings exceed 30 times the federal minimum wage, whichever is less.
- Wisconsin follows federal wage garnishment laws, which allow up to 25% of disposable earnings to be garnished, or the amount by which disposable earnings exceed 30 times the federal minimum wage, whichever is less.
- Wyoming follows federal wage garnishment laws, which allow up to 25% of disposable earnings to be garnished, or the amount by which disposable earnings exceed 40 times the federal minimum wage, whichever is less.