What is wage garnishment and how much can they take?

SHORT ANSWER

Wage garnishment is a court order (or agency action) requiring your employer to withhold part of your paycheck for a debt. Federal law caps most garnishments at 25% of disposable earnings — less in many states.

For ordinary consumer debts, a creditor must first sue you and win a judgment before garnishing wages — which is why ignoring a lawsuit is so costly. Federal law (the CCPA) 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. Your employer cannot legally fire you 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?

Yes — a judgment creditor can 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.