The collection process, decoded · stage 5 of 5
Wage garnishment: the math has a hard ceiling
For ordinary consumer debts, federal law caps garnishment at the lesser of two numbers: 25 percent of your disposable earnings, or the amount by which your weekly disposable earnings exceed 30 times the federal minimum wage, which is $217.50 at the current $7.25 rate. Earn $217.50 a week or less in disposable earnings and nothing can be garnished for such debts. Many states protect more, and a few bar wage garnishment for consumer debts almost entirely.
The clock: Exemption claims have short deadlines set by the papers you receive
General information, not legal advice. Deadlines in collection matters are set by the papers you receive and by your state's law; those control, not this page. If you have been sued, free help exists through legal aid organizations and court self help centers.
Your rights at this stage
- Disposable earnings means pay left after legally required deductions like taxes and Social Security, not after rent or voluntary deductions.
- Federal law protects you from being fired because your earnings are garnished for any single debt.
- State law can only lower what is taken, never raise it above the federal ceiling, and some states protect far more.
- Different rules apply to child support, taxes, student loans, and bankruptcy orders; the limits here are for ordinary judgment debts.
The federal math, worked
Breakpoints come from 30 and 40 times the $7.25 federal minimum wage, per DOL Fact Sheet 30. States may protect more; several bar consumer debt garnishment outright.
How a garnishment actually starts and runs
Ordinary creditors cannot garnish on their own: they need a judgment first, then a garnishment order served on your employer, who becomes legally responsible for withholding correctly. You should receive notice, and with it, typically, a short deadline to claim exemptions your state provides.
The exemption claim is where cases are won quietly: protected income sources, head of household protections in some states, and state formulas more generous than the federal floor all exist, but most are not automatic. The paperwork that tells you how to claim them is the paperwork people throw away.
Where you live changes everything
Four states essentially take wage garnishment off the table
Texas, Pennsylvania, North Carolina, and South Carolina generally do not allow wage garnishment for ordinary consumer debts, and many other states shield more than the federal floor. The federal rules on this page are the ceiling everywhere; your state sets the real number. State by state pages with local limits are coming to this site.
Garnishment questions
How much of my paycheck can be garnished for a debt?
For ordinary judgment debts, the lesser of 25 percent of your disposable earnings or the amount by which weekly disposable earnings exceed $217.50 (30 times the $7.25 federal minimum wage). At $217.50 a week or less, nothing can be garnished for such debts. Child support, taxes, and student loans follow different rules.
What counts as disposable earnings?
Pay remaining after legally required deductions such as federal, state, and local taxes, Social Security and Medicare, and legally mandated retirement contributions. Voluntary deductions and your actual living costs do not reduce the figure.
Can I be fired for having my wages garnished?
Federal law prohibits firing an employee because earnings are garnished for any single debt. The protection is narrower for multiple separate garnishments, where state law may add more.
Which states do not allow wage garnishment for consumer debt?
Texas, Pennsylvania, North Carolina, and South Carolina generally bar wage garnishment for ordinary consumer debts, with limited exceptions such as support and taxes. Many other states protect more of your paycheck than the federal minimum.
Can a garnishment be stopped once it starts?
Options narrow but exist: claiming state exemptions by their deadline, negotiating with the judgment creditor, or resolving the underlying judgment. Which fits depends on your state and situation; this page is general information, not legal advice.
Sources: DOL Fact Sheet 30: CCPA wage garnishment protections, DOL: federal wage garnishments. The deadlines that govern your case are the ones in your own papers and your state's law.
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