A "wage garnishment" is a tool that creditors use to collect a debt by taking money directly from your paycheck. With a garnishment (also called "wage attachment" or "wage withholding"), the creditor sends a garnishment order or, in some instances, a wage garnishment notice to your employer. Your employer withholds a portion of your wages each pay period and sends that money directly to your creditor.
Only some creditors can garnish your wages, and wage garnishment laws limit how much can be taken from your paycheck.
A wage garnishment is an order from a court or government agency sent to your employer. It requires your employer to withhold a specific amount of money from your paycheck and then send this money directly to a creditor.
Generally, a creditor will consider garnishing your wages if you have assets, such as regular wages or bank accounts. (To get money from your bank, the creditor would levy the account.)
In most cases, a creditor can't just take your wages. Instead, it must file a lawsuit and get a court order saying you owe the claimed amount. If the creditor prevails in the case, the court enters a money judgment against you in favor of the creditor for the balance owed.
However, some creditors don't have to get a court order before garnishing your wages. Your wages can be garnished without a court judgment for:
Again, most creditors can't garnish your wages without first suing you in court and getting a money judgment. So, if you owe money on a consumer debt, such as to a credit card company, doctor, dentist, department store, or the like, you don't have to worry about garnishment unless those creditors sue you in court.
Generally, here's how the garnishment process works once a creditor gets a money judgment. The creditor fills out additional paperwork and gives the documents, including a copy of the court order, to the local law enforcement department (often the sheriff or marshal) to serve on your employer. Once your employer gets the notice, it will notify you about the garnishment.
You then get a short time to object to the garnishment. Instructions on how to object to the garnishment should be included with the documents you receive. If not, contact the sheriff's office or the court that issued the garnishment documents to find out this information.
Again, creditors can garnish your wages without a court order to collect debts for federal or state taxes, child support, alimony, and federal student loans. While these creditors may garnish your wages without a judgment, they must provide some type of notice giving you time to object before garnishing your wages. The type of notice and procedures for objecting varies depending on the agency involved, such as the IRS or U.S. Department of Education, in the garnishment.
If you work for an employer, your compensation, including hourly wages, salaries, commissions, and bonuses, can be garnished. The amount of your pay that's subject to garnishment is based on your disposable earnings. "Disposable earnings" are what's left after legally required deductions, such as federal, state, and local taxes, the employee's share of Social Security and Medicare taxes, and state unemployment insurance tax (if applicable), are made.
Also, a judgment creditor can generally seize your income even if you're self-employed.
Different wage garnishment laws apply to different types of debt, and there are federal (and sometimes state) legal limits on how much of your paycheck can be garnished. The amounts vary depending on whether the creditor is a judgment creditor, student loan collector, taxing authority, or collector of family support.
Under federal law, for court judgments, the maximum amount that can be garnished is:
So, for example, if you get paid weekly and your disposable earnings are $217.50 ($7.25 × 30) or less, your pay can't be garnished. For a chart showing the maximum garnishment of disposable earnings under federal law, visit the U.S. Department of Labor Wage and Hour Division's website.
Some state wage garnishment laws set a lower limit. While state laws can limit garnishment amounts, states can't allow creditors to take more than federal law allows. So, state law can offer more protection to debtors, but not less than federal law.
Different limits apply to garnishments for federal or state taxes, child support, alimony, and federal student loans.
In all types of wage garnishments, you may object to the garnishment or the amount of money that's being garnished.
Generally, to protest a wage garnishment based on a court judgment, you must file papers with the court and go to a hearing. You'll have to explain your grounds for the objection, such as your wages are exempt or protected from a creditor's claim, the creditor is taking more than what's allowed under federal or state law, or the creditor didn't follow proper garnishment procedures. The garnishment papers you receive should include instructions on how to file the forms to object to the garnishment.
The procedures for objecting to other types of garnishments, such as garnishments for taxes or federal student loan debt, varies.
You might also have other options for stopping a wage garnishment, such as filing for bankruptcy or negotiating a resolution with the creditor.
A garnishment will end when you pay off the debt, you settle the debt, the garnishment order is revoked, or the garnishment period ends.
Under federal law, your employer can't fire you because it receives a garnishment for one debt, or two or more garnishments from the same creditor. (15 U.S.C. § 1674 (2024).) However, if you have more than one garnishment from different creditors, federal law doesn't protect you.
Some states offer more employment protection when it comes to garnishments.
You can learn more about wage garnishment laws by visiting the U.S. Department of Labor website or your state's labor office website.
To learn how to object to a wage garnishment in your circumstances or for more information specific to your situation, consider contacting a local debt relief lawyer.
In many cases, filing for bankruptcy can stop a wage garnishment. So, you might also want to talk to a bankruptcy attorney. You might also be able to eliminate other debts in the process.