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DEBT

Can a debt collector garnish my wages?

SHORT ANSWER

Generally only after suing you and winning a court judgment — they can’t garnish wages on their own. Federal limits cap how much can be taken, and some income is fully protected.

For most consumer debts, a collector must first sue you, win a judgment, and get a court order before garnishing wages — they can’t simply take your paycheck. Even then, federal law caps garnishment (generally the lesser of 25% of disposable earnings or the amount over 30x the federal minimum wage), and states often protect more. Some income — like Social Security and many benefits — is largely exempt. If you’re threatened with garnishment without a judgment, that’s usually not permitted.

What to do, in order

  1. Know that most garnishment requires a court judgment first.
  2. Respond to any lawsuit — ignoring it leads to a default judgment.
  3. Check federal and state limits on how much can be garnished.
  4. Identify exempt income like Social Security or benefits.
  5. Seek legal aid if garnishment is threatened or begins.

Common questions

Can wages be garnished without going to court?

For most consumer debts, no — a judgment is required. Exceptions include certain debts like child support, taxes, and federal student loans.

How much of my paycheck can be garnished?

Federal law generally caps it at the lesser of 25% of disposable earnings or the amount above 30x the federal minimum wage, and some states protect more.

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Main AI explains documents and general legal rights in clear terms. It is not a law firm and does not provide legal advice. Laws vary by state and change over time — verify specifics for your jurisdiction, and consult a licensed professional for advice on your situation.