By Hamid Ali, Founder of DebtShift · Updated October 14, 2026 · United States

Payroll sends you a notice and your next paycheck is smaller. Nobody asked you, and the rent still has to be paid.

In brief: For ordinary consumer debt, a creditor generally needs a court judgment first. Then the law caps what can come out of each paycheck at the lesser of 25% of your take-home pay or the amount above 30 times the federal minimum wage per week. Child support, taxes and defaulted federal student loans follow different rules, and a few states bar it for most private debts. You can respond, claim exemptions, negotiate, or in some cases file bankruptcy to stop it.

Rules below come from the U.S. Department of Labor, the CFPB, the U.S. Bankruptcy Court and Alper Law. State rules differ, so check your own.

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When it can happen

The CFPB says collectors can usually garnish wages only after a court issues a judgment saying you owe the debt and the creditor may take wages to repay it. The order can cover the judgment plus interest, fees and collection costs (CFPB). Federal and state agencies are the exception: they can take some money without a court order, and states can generally garnish for child support without one.

That is why a court summons matters so much. Ignoring a lawsuit can lead to a judgment against you. Read our guide on getting sued for debt before a deadline passes, and see your rights with debt collectors.

How much can come out of your pay

For ordinary debts the cap is the lesser of two numbers: 25% of your disposable earnings, or the amount by which your disposable earnings exceed 30 times the federal minimum wage. At $7.25 an hour, 30 times is $217.50 a week (DOL Fact Sheet 30). “Disposable earnings” means pay left after legally required deductions such as taxes and Social Security. Voluntary deductions like insurance or union dues generally do not come off first.

Biweekly take-home pay25% of payPay above $435Most they can take
$500$125$65$65
$600$150$165$150
$1,800$450$1,365$450

Illustration using the federal limit. Biweekly figures are twice the weekly ones, as the DOL notes. Your state may allow less.

The $435 line matters most for low earners. Below it, nothing can be garnished for consumer debt. Between $435 and $580, only the part above $435 can be taken (DOL).

The same two limits scale to other pay periods (DOL):

Pay periodNothing taken at or belowOnly the excess taken up to25% applies at or above
Weekly$217.50$290$290
Biweekly$435$580$580
Monthly$942.50$1,256.66$1,256.66

Federal minimum wage of $7.25 an hour. If your state’s garnishment law is stricter, the lower amount applies.

For a defaulted federal student loan the rate is a flat 15% of disposable earnings instead. On $1,800 biweekly take-home pay that is $270, which is our own arithmetic on the DOL rate.

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Debts that follow different rules

  • Child support and alimony: up to 50% of disposable earnings if you support another spouse or child, 60% if not, plus 5% more if you are over 12 weeks behind (DOL).
  • Defaulted federal student loans: up to 15% of disposable earnings (DOL).
  • Federal or state tax debt: not subject to the usual cap (DOL).
  • Federal benefits like Social Security are handled separately. See our guide on Social Security and garnishment.

If you have more than one garnishment, the limits apply to the total in a pay period, not to each order (DOL).

Four states bar it for most private debts

Alper Law lists Texas, Pennsylvania, South Carolina and North Carolina as states where a private judgment creditor has no general wage garnishment remedy. The page notes exceptions such as child support and federal claims (Alper Law). Florida and Maine are described as close to a bar, with Florida protecting “head of family” earnings. If you live elsewhere, the federal limits above are the floor. For one state in detail, read our North Carolina guide.

Wage garnishment limits in all 50 states

Federal law sets the ceiling, and a state can only go lower. Many do. Find your state below to see how much of your pay a creditor with a court judgment can take.

“Federal limit” means the lesser of 25% of your take-home pay (the legal term is disposable earnings) or the amount above $217.50 a week. That is 30 times the $7.25 federal minimum wage. Where a state counts in minimum-wage multiples, the dollar figure moves when that state raises its minimum wage, so a rule written as “40 times” gets more generous over time.

StateMost a creditor with a judgment can take
AlabamaFederal limit.
AlaskaThe state protects a set weekly amount of take-home pay (about $473, or about $743 if you are the only earner in the household and file an affidavit). The amounts are set by regulation, so check the current figure.
ArizonaLesser of 10% of take-home pay or the amount above 60 times the highest applicable minimum wage.
ArkansasFederal limit.
CaliforniaLesser of 20% of take-home pay or 40% of the amount above 48 times the state minimum wage.
ColoradoLesser of 20% or the amount above 40 times the higher of the federal or state minimum wage.
ConnecticutLesser of 25% or the amount above 40 times the higher of the federal or state minimum wage.
Delaware15% of wages, and only one garnishment at a time.
District of Columbia25% of the amount above 40 times the D.C. minimum wage.
FloridaHead of family: the first $750 a week is protected unless you waive that in writing. Everyone else: federal limit.
GeorgiaLesser of 25% or the amount above $217.50 a week. Only 15% on private student loan judgments.
Hawaii5% of the first $100 a month, 10% of the next $100, 20% of the rest.
IdahoFederal limit.
IllinoisLesser of 15% of gross (before-tax) wages or the amount above 45 times the higher of the federal or state minimum wage.
IndianaFederal limit. A court can lower it for hardship.
IowaConsumer credit judgments: lesser of 25% or the amount above 40 times the federal minimum wage, plus a yearly cap per creditor that depends on your income.
KansasFederal limit.
KentuckyFederal limit.
LouisianaFederal limit. In practice 75% of take-home pay is protected, and never less than 30 times the federal minimum wage.
MaineNo ordinary wage garnishment. A creditor needs a court-ordered installment payment after a hearing, capped at the lesser of 25% or the amount above 40 times the minimum wage.
MarylandYou keep the greater of 75% of take-home pay or 30 times the minimum wage.
MassachusettsYou keep the greater of 85% of gross wages or 50 times the higher of the federal or state minimum wage.
MichiganFederal limit.
MinnesotaTiered by weekly pay. Nothing is touched at or below 40 times the minimum wage. Above that: 10% (up to 60 times), 15% (up to 80 times), 25% above 80 times.
MississippiFederal limit, with a 30-day wait after the court paperwork is served.
MissouriHead of family: 10%. Everyone else: federal limit.
MontanaFederal limit.
NebraskaHead of family: 15%. Everyone else: federal limit.
Nevada18% if your gross weekly pay is $770 or less, 25% above that, and never more than the amount above 50 times the federal minimum wage.
New HampshireCourt-judgment debts: you keep 50 times the federal minimum wage a week ($362.50). Wages earned after the court paperwork is served are protected. Other debts follow other rules.
New Jersey10% of wages. If you earn more than 250% of the poverty level, a court can set a higher percentage, up to the federal limit.
New MexicoYou keep the greater of 75% of take-home pay or 40 times the highest applicable minimum wage.
New YorkLesser of 10% of gross pay or 25% of take-home pay. Nothing if take-home pay is 30 times the minimum wage or less.
North CarolinaBanned for private creditors.
North DakotaLesser of 25% or the amount above 40 times the federal minimum wage, with $20 extra protected per dependent.
OhioYou keep the greater of 75% of take-home pay or 30 times the federal minimum wage.
OklahomaAt most 25%: 75% of wages from the last 90 days is protected. A hardship exemption exists if you have dependents.
OregonLesser of 25% or the amount above a weekly floor: $400 until 30 June 2027, then 30 times the state minimum wage.
PennsylvaniaBanned for most private debts. The main exception is a landlord, capped at 10% of net wages.
Rhode IslandFederal limit, plus a $50 a week state wage exemption.
South CarolinaBanned for private creditors.
South DakotaLesser of 20% or the amount above 40 times the minimum wage, with $25 extra protected per dependent.
TennesseeFederal limit, plus $2.50 a week protected for each child under 16.
TexasBanned for private creditors.
UtahConsumer credit judgments: lesser of 25% or the amount above 30 times the federal minimum wage. 15% on education loans.
Vermont15% on consumer credit judgments, 25% on other debts.
VirginiaLesser of 25% or the amount above 40 times the higher of the federal or state minimum wage.
WashingtonConsumer debt: lesser of 20% or the amount above 35 times the state minimum wage. 15% on private student loans.
West Virginia20% of take-home pay, and nothing unless take-home pay is above 50 times the federal minimum wage.
Wisconsin20% of take-home pay. Nothing if your household income is below the poverty line or you get need-based aid.
WyomingFederal limit.

These rules cover ordinary court judgments, such as credit cards, personal loans and medical bills. Child support, back taxes, federal student loans and bankruptcy orders follow different rules, and the four ban states still allow those. Check the current wording with your state court or a free legal aid office before you rely on it. Last checked 27 October 2026.

Sources: Alper Law, Garnishment Laws by State 2026, cross-checked against the National Consumer Law Center, No Fresh Start 2023, Table 1. Minnesota, Maine, New Hampshire and Oregon were also checked against the statutes: Minn. Stat. 571.922, 14 M.R.S. 3126-A, NH RSA 512:21 and Oregon SB 1595.

How to stop or reduce it

  • Respond to the lawsuit before a judgment, if you still can.
  • Claim every exemption that applies. The CFPB points to LawHelp.org for federal and state exemptions.
  • Offer a payment plan or settlement. A consumer attorney can negotiate one.
  • Ask whether bankruptcy fits. Filing a petition triggers an automatic stay and wage garnishments must stop (U.S. Bankruptcy Court).
  • Keep your pay stubs and the court papers so you can show if more than the legal limit is taken.

Your employer cannot fire you for garnishment on any one debt (DOL). Our guide on being fired over garnishment explains the limits. If your bank account is frozen instead, see the bank account levy guide, and for retirement money read is my 401(k) protected.

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Quick answers to the worries that keep you up

Can they garnish my wages without suing me?

Usually not. For most creditors, garnishment generally follows a court judgment. Federal and state agencies are the exception: they can take some money without a court order (CFPB).

How much of my paycheck can they take?

For ordinary consumer debt, the lesser of 25% of your take-home pay (after legally required deductions) or the amount above 30 times the federal minimum wage per week (U.S. Department of Labor). Some states set lower limits, and the lower figure wins.

Can I be fired for it?

Not because of garnishment for any one debt. Federal law bars an employer from firing you for that (DOL). Our guide on being fired over garnishment covers the limits.

Does bankruptcy stop it?

Filing a bankruptcy petition triggers an automatic stay, and wage garnishments must stop (U.S. Bankruptcy Court flyer). Repeat filings can shorten or cancel the stay, so talk to a bankruptcy attorney or legal aid first.

Which states don’t allow wage garnishment for credit card debt?

Alper Law lists Texas, Pennsylvania, South Carolina and North Carolina as states where a private judgment creditor has no general wage garnishment remedy, with exceptions such as child support and federal claims (Alper Law). See our North Carolina guide.

What if they take more than the law allows?

Contact the court that issued the order, and consider legal aid or a consumer attorney. You can also complain to the CFPB if a collector is treating you improperly (CFPB). Keep your pay stubs.

Disclaimer: DebtShift is an educational platform operated by H Ali Logistics Ltd. This article is general education, not legal or financial advice. For free, nonprofit credit counseling, contact the National Foundation for Credit Counseling (NFCC) at nfcc.org or 877-360-6322.

Sources

Last reviewed October 2026

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