Wage Garnishment: Your Rights and How to Fight Back

The federal floor: what they can never take

Under the federal Consumer Credit Protection Act, an ordinary creditor who wins a judgment against you can garnish the LESSER of:

25% of your disposable earnings (what is left after legally required deductions), or
The amount by which your weekly disposable earnings exceed 30 times the federal minimum wage.

Below that 30x threshold - currently $217.50 a week in disposable earnings - your wages cannot be garnished for ordinary consumer debt at all.

Different debts, different rules

Debt type	Max garnishment	Court judgment needed?
Credit cards, personal loans, medical	25% of disposable (federal cap; some states lower)	Yes
Child support	50-65% of disposable	Order already in place
Federal student loans	15% of disposable	No - administrative garnishment
IRS / federal tax debt	Based on exemption tables - can exceed 25%	No
State tax debt	Varies by state	Usually no

Last updated: September 28, 2026. State limits change; verify your state's current rule in our state guides.

States that protect more than federal law

Several states cut garnishment below the federal 25% or ban it for consumer debt outright. Texas, Pennsylvania, North Carolina and South Carolina generally prohibit wage garnishment for ordinary consumer judgments. Other states lower the percentage or raise the protected floor. If you have moved since the debt, the state where you work now usually controls.

Your paycheck protections in practice

Social Security, VA, disability and most federal benefits are protected from ordinary creditor garnishment - keep them in a dedicated account, since commingled funds are harder to shield.
You cannot be fired for a single wage garnishment. Federal law protects your job for one; multiple garnishments remove that protection.
A garnishment requires notice first: a lawsuit, a chance to answer, a judgment, then a garnishment order. If the first you hear of it is the deduction, the judgment may be defective - service failures are common and challengeable.
You can claim exemptions. Head-of-household, low-income and state-specific exemptions can reduce or stop a garnishment - but you must file the claim; courts do not apply them automatically.

How to stop or reduce a garnishment

Challenge the judgment if service was defective (you were never properly notified).
File a claim of exemption with the court - deadlines are short, often 10-20 days from notice.
Negotiate with the judgment creditor - many will accept a lump-sum settlement for less than the balance rather than collect 25% at a time.
Bankruptcy stops garnishment immediately through the automatic stay - see our Settlement vs Consolidation vs Bankruptcy guide for when that math works.

State-by-state limits

Garnishment caps and exemptions differ by state. Financialist's state debt guides cover each state's garnishment cap, protected income, and exemption claim process. [Site upload: link to the 51 state guide pages]

FAQ

Can a collector garnish my wages without suing me? For ordinary consumer debt, no - a court judgment comes first. Government debts (federal student loans, taxes, child support) are the exceptions.

How much notice do I get? You must be served with the lawsuit, then receive notice of the garnishment order after judgment. If you learned about it from your paycheck, get the court file - improper service is grounds to vacate.

Are two jobs garnished separately? Each employer can be served, but the total taken stays within the legal percentage of your disposable earnings.