What Is Wage Garnishment?

Opening your paycheck and finding that a chunk of it has been taken before you ever see it — that’s wage garnishment. It’s one of the most stressful things that can happen when debt goes unresolved. But garnishment doesn’t happen overnight, and there are clear rules about how much can be taken, what income is protected, and what you can do about it.

Here’s what you need to know.

What Wage Garnishment Is

Wage garnishment is a legal process where a court orders your employer to withhold a portion of your paycheck and send it directly to a creditor to repay a debt. Your employer has no choice in the matter — once they receive a valid garnishment order, they’re legally required to comply.

For most types of debt, a creditor has to sue you and win a judgment before they can garnish your wages. That means the process typically looks like this:

1. You fall behind on payments.
2. The creditor (or a collection agency) tries to collect.
3. If that fails, they file a lawsuit.
4. If you don’t respond to the lawsuit or lose the case, the court issues a judgment.
5. The creditor asks the court for a garnishment order.
6. Your employer receives the order and begins withholding money from your pay.

There are exceptions. Some debts — child support, federal student loans, and unpaid taxes — can trigger garnishment without a court judgment through administrative processes.

Federal Limits on Garnishment

Federal law, specifically Title III of the Consumer Credit Protection Act (CCPA), sets limits on how much of your paycheck can be garnished. The federal formula works like this:

The maximum that can be taken is the lesser of:

• 25% of your disposable earnings (what’s left after legally required deductions like taxes and Social Security), or
• The amount by which your weekly disposable earnings exceed 30 times the federal minimum wage

The federal minimum wage is $7.25 per hour, so 30 times that is $217.50 per week. If your disposable earnings are $217.50 or less per week, your wages cannot be garnished at all for ordinary debts. If you earn between $217.50 and $290 per week, only the amount above $217.50 can be taken. Above $290 per week, the 25% cap applies.

Here’s a practical example: if your weekly disposable pay is $600, the maximum garnishment for a regular debt would be $150 (25% of $600).

Different Rules for Different Debts

Not all debts follow the same garnishment limits. Federal law sets different caps depending on what you owe:

Child Support and Alimony

Child support and alimony garnishments are the most aggressive. Up to 50% of your disposable earnings can be garnished if you’re currently supporting another spouse or child, and up to 60% if you’re not. If payments are more than 12 weeks overdue, an additional 5% can be added — bringing the maximum to 65%.

Federal Student Loans

The Department of Education (or a guaranty agency) can garnish up to 15% of your disposable earnings for defaulted federal student loans through a process called administrative wage garnishment. No court judgment is needed. However, they must give you at least 30 days’ notice and the opportunity to request a hearing before the garnishment begins.

Unpaid Taxes

The IRS has broad garnishment powers and can take more than other creditors. The amount the IRS can garnish depends on your filing status, number of dependents, and standard deduction amount. They use a formula that determines how much of your income is exempt (roughly equivalent to the poverty level for your household size), and the rest is subject to garnishment. The IRS must send a Final Notice of Intent to Levy at least 30 days before garnishing.

State tax agencies have their own garnishment procedures, which vary by state.

State Protections

While federal law sets the baseline, many states offer additional protections that further limit garnishment. Some notable examples:

• Texas, South Carolina, North Carolina, and Pennsylvania generally prohibit wage garnishment for most consumer debts (credit cards, medical bills, personal loans). Creditors can still garnish for child support, taxes, and student loans, but ordinary debts are largely off-limits.
• Florida protects the wages of heads of household who earn less than a specific threshold and provides broad exemptions for those who qualify.
• New York caps garnishment at 10% of gross wages or 25% of disposable earnings, whichever is less — and provides additional protections for low-income workers.

If your state’s limit is lower than the federal limit, the state limit applies. The rule that protects you more is the one that governs.

Exempt Income

Certain types of income are largely protected from garnishment, regardless of the debt:

• Social Security benefits (retirement, disability, and survivors benefits) — Protected from garnishment for most debts, with exceptions for child support, alimony, federal taxes, and certain federal debts
• Supplemental Security Income (SSI) — Cannot be garnished by any creditor
• Veterans Affairs (VA) benefits — Protected from most garnishments
• Federal retirement and disability benefits
• Certain pensions — Varies by type and state law

There’s an important nuance here. These protections apply to the income itself, but once that money is deposited into your bank account and mixed with other funds, it can become harder to protect. Under federal rules, banks must protect the lesser of two months of Social Security direct deposits or the total account balance from a garnishment freeze. But amounts above that threshold may be at risk if you have other income in the same account.

If your income consists primarily of exempt funds, keeping those funds in a separate bank account can make it easier to prove they’re protected.

Head-of-Household Protections

Several states — including Florida, Delaware, and others — offer special garnishment protections for heads of household. If you provide more than half the financial support for a dependent (child, spouse, parent, or other family member), you may qualify for reduced garnishment limits or full exemption from garnishment for consumer debts.

The exact definition and protections vary by state. In Florida, for example, a head of household earning less than a specific threshold can claim a full exemption from garnishment on their wages. You typically need to file a claim of exemption with the court to assert this protection — it’s not automatic.

How to Respond to a Garnishment Notice

If you receive a garnishment notice, you usually have 10 to 30 days (depending on your state) to file an objection or claim an exemption. Don’t ignore this timeline — it’s your window to protect your rights. Here’s what to do:

1. Read the notice carefully. It should tell you who is garnishing your wages, for what debt, and how much will be taken. It should also explain your right to object and the deadline for doing so.

2. Check for errors. Verify that the debt is yours, the amount is correct, and the statute of limitations hasn’t expired. If the creditor sued you after the statute of limitations ran out and you didn’t respond, the judgment may be invalid.

3. File an exemption claim if you qualify. If your income is exempt (Social Security, SSI, VA benefits), if you’re a head of household in a protected state, or if the garnishment would cause undue hardship, file your claim before the deadline.

4. Attend any scheduled hearing. If you file an objection, you’ll likely get a court hearing. Show up with documentation — pay stubs, bank statements, proof of dependents, or anything that supports your claim.

How to Stop or Reduce a Garnishment

If a garnishment is already in place, you have several options:

• Negotiate directly with the creditor. Offer a lump sum settlement or propose a voluntary payment plan in exchange for them lifting the garnishment. Creditors sometimes prefer this because garnishment has administrative costs for them too.
• File a claim of hardship or exemption. If the garnishment is leaving you unable to pay for basic necessities like rent, food, and utilities, you can ask the court to reduce the amount. You’ll need to demonstrate your financial situation with documentation.
• Enroll in a debt management plan. Working with a nonprofit credit counselor to set up a structured repayment plan can sometimes be grounds for reducing or halting garnishment.
• Consider bankruptcy as a last resort. Filing for bankruptcy triggers an automatic stay that immediately stops most garnishments. Chapter 7 can discharge the underlying debt entirely. Chapter 13 restructures it into a manageable payment plan. In some cases, you may even be able to recover wages garnished within 90 days before filing.

Frequently Asked Questions

Can I be fired for having my wages garnished?

Federal law prohibits your employer from firing you for a single garnishment. However, this protection doesn’t extend to multiple garnishments from different creditors. Some states provide broader protections. If you believe you were fired because of a garnishment, contact your state’s labor department or consult an employment attorney.

Can more than one creditor garnish my wages at the same time?

Yes, but the total amount garnished is still capped at the federal and state limits. If one creditor is already garnishing 25% of your disposable earnings, a second creditor generally has to wait until the first garnishment is satisfied. For child support and taxes, those garnishments take priority and come out first.

How long does wage garnishment last?

Garnishment continues until the debt is paid in full, you negotiate a different arrangement, the court modifies or lifts the order, or you successfully claim an exemption. For large debts, this can mean months or even years of reduced paychecks — which is why addressing the situation as early as possible matters.

Bottom Line

Wage garnishment is a court-ordered process that takes money directly from your paycheck to repay a debt. Federal law limits most consumer debt garnishments to 25% of disposable earnings, though child support, student loans, and taxes follow different rules. Several states offer stronger protections, and certain types of income like Social Security and VA benefits are largely exempt. If you receive a garnishment notice, respond within the deadline to protect your rights — and if a garnishment is already in place, explore options like negotiation, hardship claims, or bankruptcy to reduce or stop it.