DEBT & WAGES

What is wage garnishment and how much can they take?

Reviewed by Main AI · Updated July 2026

SHORT ANSWER

Wage garnishment is a court order (or agency action) requiring your employer to withhold part of your paycheck for a debt. Federal rules generally cap most ordinary garnishments at 25% of disposable earnings — less in many states; check the Department of Labor’s guidance for your situation.

For ordinary consumer debts, a creditor generally must first sue you and win a judgment before garnishing wages — which is why ignoring a lawsuit is so costly. Federal law (the CCPA) generally caps most garnishments at the lesser of 25% of disposable earnings or the amount above 30× the federal minimum wage weekly; several states cap lower or bar consumer-debt garnishment. Child support, taxes, and federal student loans follow different rules and can take more, sometimes without a lawsuit. Federal rules generally protect you from being fired over a single garnishment.

What to do, in order

Figure out which kind it is: judgment creditor, child support, tax levy, or student loan — the rules differ for each.
Check the math against the federal cap and your state's cap; errors are common.
Look into exemptions — some income (Social Security, disability, certain benefits) is generally protected.
If the underlying judgment was a surprise, ask the court about vacating a default judgment — improper service happens.
Consider negotiating: creditors often settle once garnishment friction starts, and bankruptcy stops most garnishments immediately.

Common questions

Can they garnish my bank account too?

Often yes — a judgment creditor can usually levy bank accounts, which has different (often weaker) practical protections than wage caps. Exempt funds like Social Security have protections, but you may need to assert them.

I never knew about the lawsuit — is the garnishment valid?

If you weren't properly served, you can move to vacate the default judgment. Act quickly and get the court file; the service affidavit will show what the process server claimed.

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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.