Free Consultation

Fast answers to your questions
Call 800-830-1055


Ask questions about asset protection from lawsuits.

Call Now 24 Hrs./Day
If consultants are busy, please call again.
Real Estate Asset Protection Video

Nevis Trust video

Wage Garnishment Exemptions in Each State and Territory

wage garnishment by state and territory

How much of my income can a judgment creditor take from each paycheck? That is what this page sets out to answer in the table below. The definition of wage garnishment is deducting money from the paycheck of the financial compensation of an employee. This includes the salary of the employee. Creditors usually enact wage garnishment via court order. Generally, the wage garnishment continues until one of three things happen: (1) the debtor pays the debt, (2) the creditor and debtor make other arrangements or (3) the judgment expires. Thus, garnishment is a means of collection of monetary judgments.

The creditor, then, can serve a garnishment on an employer. Accordingly, the employer must deduct the amount of the garnishment from the paycheck of the employee. The employer, therefore, pays part of the employee’s compensation to the judgment creditor and the remainder to the employee. Employers, hence, receive a notice of garnishment. The employer must continue the garnishment until its expiration.

Prevent Wage Garnishment

Garnishment Exemptions

The current federal guidelines are as follows: (1) 25% of disposable income or (2) the total amount by which a person’s weekly wage is greater than thirty times the federal hourly minimum wage. Some states and territories have established maximum garnishment thresholds that are less than the maximum under federal guidelines. On the other hand, most jurisdictions have separate rules for tax debt, child support, federal student loans and court-ordered fines and restitution. See the wage garnishment chart below.

state wage garnishment laws

Wage Garnishment Limitations by State and Territory

StateGarnishment Rules & Exemptions
Alabama1. 25% of weekly disposable earnings; or
2. Amount by which the debtor’s disposable earnings exceeds thirty (30) times the minimum wage.
AlaskaAllowed by in an action on an express or implied contract. (A.S. 09.40.010)
See A.S.09.38.010- 09.40.30 for list of exemptions. The law specifically exempts most state and federal benefits (welfare, social security, etc.) from attachment. (A.S. 09.38.015)
The first $402.50 per week is exempt unless the debtor is the sole supporter of the household. In this case, the first $602.50 per week is exempt. (A.S. 09.38.030)
ArizonaWages and earnings are garnishable: (A.R.S §12-1598 et seq.).
§12-1598 (4) defines “Earnings” broadly to include all forms of compensation.
25% of the statutory net disposable earnings of debtor. Court, in turn, may reduce to as low as 15%.
Courts utilize a statutorily approved formula. The Nonexempt Earnings Statement (NEES) is the form the courts use to calculate the formula. This requires the employer/garnishee to publish the gross earnings and “disposable earnings” and perform specifically prescribed calculations. The first calculation is to enter 25% of the “disposable earnings.” Next, the employer must use the federal minimum wage for the subject payroll period (30 times the minimum wage for weekly payroll, 60 times for bi-weekly, and 65 times for semi -monthly payroll). They, then, take the disposable earnings and subtract that minimum wage sum. They then compare that calculated amount to the 25% of net sum and the lesser of the two sums is the sum they use for the next calculation. At this point, they subtract any court ordered levies, support orders, or other wage assignments. The employer then holds the remaining balance and pays it toward the continuing lien order.
ArkansasFollows federal garnishment rules and exemptions.
CaliforniaUp to 25% of the debtor’s net disposable earnings. Once the sheriff or marshal serves the levy on the employer, it remains in effect until the creditor has paid the judgment in full. Because California is a community property state, the wages of a non-judgment debtor spouse are also subject to levy.
Gross earnings for the First Pay Period less deductions required by Law
Amounts based on Federal minimum hourly wage $5.15.
Weekly: $154.50 or 75% of Disposable Earnings
Bi-weekly: $309.00; or 75% of Disposable Earnings
Semi-monthly $334.75 or 75% of Disposable Earnings
Monthly: $669.50 or 75% of Disposable earnings
ConnecticutPursuant to CGS §52-361a, the maximum amount which can legally be withheld from a debtor’s wages is the lessor of:
1. 25% of weekly disposable earnings; or
2. Amount by which the debtor’s disposable earnings exceeds forty (40) times the higher of either
A. The current federal minimum hourly wage; or
B. The state’s prevailing full minimum fair wage.
Delaware15% of statutory net income. Garnishment remains in effect until the debtor pays the judgment in full.
Creditors cannot garnish bank accounts.
District of ColumbiaGarnishments are stacked and kept in place while the senior in time garnishment is paid off.
Wage garnishment can attach up to 25% of disposable income.
Creditors must send the debtor, the garnishee and the Court a monthly statement of account showing the application of payments to interest, principal, attorney’s fees, and costs. Garnishees remit directly to the creditor or creditor’s attorney.Bank Accounts: No exemptions other than social security and disability income Attaching creditor can withdraw 100% of joint account balance. (The co-owner of the account might prevail in exempting funds depending on the judge and the source of the funds)
FloridaFlorida Statutes, chapter 77 outlines very strict procedures for garnishment. In addition, Florida Statutes §222.11 offers a significant exemption to wage garnishment known as the “head of family” exemption. As of July 1, 2001, the law requires the judgment creditor to serve a notice of rights to the defendant. The creditor does this on receipt of the employee’s answer. In addition, there is a form that the debtor completes in order to claim exemptions.
GeorgiaPursuant to OCGA 18-4-20, the maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment may not exceed the lesser of twenty-five percent (25%) of his disposable earnings for that week, or the amount by which his disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage. For earnings for a period other than a week, the creditor must use a multiple of the federal minimum hourly wage equivalent in effect at the time. As of January 1, 2021, the law lengthened the time time of garnishment from 179 days to 1,095 days (three years) from the service date of the summons continuing the garnishment. Further,  private student loan garnishments have been reduced to 15% from 25% of disposable earnings.
HawaiiThe portion of the defendant’s after-tax wages that must be withheld is 5% of the first $100 per month, 10% of the next $100.00 per month and 20% of all sums in excess of $200.00 per month, or an equivalent portion of these amounts per week. Wages and other compensation owed to the debtor for personal services rendered by the debtor during the 31 days prior to a proceeding are exempt.
IdahoThe maximum part of an individual’s disposable earnings for the work week subject to garnishment may not exceed the lesser of:
1. 25% of the disposable earnings; or
2. The amount of the disposable earnings that exceed 30 times the federal minimum hourly wage.
When the garnishee is the defendant’s employer, the continuing garnishment is in effect until the debtor satisfies the judgment. If the employer withholds the maximum, the law does not allow the service of additional garnishments until that the debtor has satisfied the prior garnishment(s).
IllinoisThe maximum part of an individual’s disposable earnings for the work week that can be garnished is the greater of:
1. 15% of the disposable earnings; or
2. 45 times the amounts stated in section 4 of the state’s Minimum Wage Act.
IndianaThe maximum part of an individual’s aggregate disposable earnings for the workweek that is subject to garnishment in Indiana is the lesser of:
1. 25% of the disposable earnings; or
2. The amount of the disposable earnings that exceed 30 times the federal minimum hourly wage.
Note: Creditor can obtain a wage garnishment after the service and completion of interrogatories and after the courts hear a motion for proceeding supplemental. Garnishments filed in Claims Court cases require a filing fee of approximately $15.00. Indiana now recognizes Voluntary Wage Assignments. The debtor and the creditor both sign, or the creditor’s attorney, and the parties then submit them to the employer.
IowaGarnishments last for seventy days. The maximum part of an individual’s aggregate disposable earnings for the workweek that is subject to garnishment in Indiana is the lesser of:
1. 25% of the disposable earnings; or
2. The amount of the disposable earnings that exceed 40 times the federal minimum hourly wage.
There is a sliding scale per creditor (not per judgment) ranging from $250 to 10% of annual wages, depending on annual wages.
Creditor can garnish wages of public employees.
KansasThe maximum part of an individual’s aggregate disposable earnings for the workweek that is subject to garnishment in Indiana is the lesser of:
1. 25% of the disposable earnings; or
2. The amount of the disposable earnings that exceed 30 times the federal minimum hourly wage; or
3. The amount of plaintiff’s claim stated in the order for garnishment.
Note: No creditor can issue more than one garnishment against the same debtor during any 30-day period.
KentuckyControlled by KRS 425.506. After a 10-day waiting period from date of judgment, a creditor may, using a pre-approved state form, file for wage garnishment that clerk of the court issues. They then mail an order of garnishment is then to the employer of the garnishee. The employer has 20 days within which to respond. If the garnishee employer fails to answer, courts can find the employer liable to the creditor for failing to honor the garnishment.

Wage garnishments create a continuous lien against a debtor’s wages, until the debtor pays the debt. KRS Chapter 427, which deals with exemptions, authorizes a debtor to challenge garnished funds as exempt, and provides for a subsistence allowance beyond which a plaintiff cannot garnish (generally 25% of the debtor’s disposable earnings per week). Wage garnishments have priority according to the date of service on the employer.

LouisianaLouisiana uses the federal wage garnishment guidelines. Wage garnishments are effective immediately on service of the garnishment on the employer. The amount withheld is 25% of disposable income. Statutes do not count 401K or other retirement funds as disposable income. Employer withholds deductions from every paycheck and employer remits them at least monthly. The Garnishment stays in effect until the debtor pays the full balance, including all attorneys’ fees, interest, court costs, etc.
MaineGarnishment is available:
1. After a judgment issues and a supplementary (Disclosure) hearing;
2. If the debtor fails to appear at the Disclosure hearing, a garnishment order may issue for 25% of the disposable earnings of the debtor on a weekly basis or the amount which the disposable weekly earnings exceed 40 times the federal minimum wage, whichever is less (14 M.R.S.A. 3127 et seq,). The exemption on wages is now $226.00 weekly;
3. If the judgment debtor does not pay two installments after a court has ordered the debtor to do so.
MarylandDisposable wages are defined as the amount of wages that remain after mandatory deductions required by law, plus medical insurance payments. The amount exempt is the greater of 75% of disposable wages, or $145 times the number of weeks in which the employee earned the wages. In Caroline, Kent, Queen Anne’s and Worcester 30 times the federal minimum hourly wages due under the Fair Labor Standards Act. (Annotated Code of Maryland, Commercial Law Article Sec. 15-601.1)
Creditor must send judgment creditors report to the debtor and employer each month.
MassachusettsCreditor obtains wage attachments by bringing an action under G.L. c. 246 for trustee process, based on a judgment only, usually after unsuccessful supplementary process proceedings.
After service of the trustee process complaint on the debtor, the creditor must proceed by way of motion for permission to make the wage attachment. Writs are ordinarily returnable to Court within thirty (30) days and an officer must serve them on each payday.The writ commands the employer to withhold the wages, pending further order of the court. The employer must file an Answer with the court under oath regarding each service of the writ of attachment, specifying what, if anything, the employer has withheld from the wages of the debtor.
After the creditor has attached all that he is able to, he must then return to the court, with notice to the debtor, with a motion to “charge the trustee.” After a ten-day appeal period, the Clerk’s Office will issue a trustee execution, which creditor must serve on the employer-trustee through an officer. The execution directs the employer to hand the withheld funds over to the officer.Disposable wages definition is the amount of wages that remain after mandatory deductions the law requires, plus medical insurance payments. The amount exempt is the greater of 75% of disposable wages, or $145 times the number of weeks in which the employee earned the wages. In Caroline, Kent, Queen Anne’s and Worcester 30 times the federal minimum hourly wages due under the Fair Labor Standards Act. (Annotated Code of Maryland, Commercial Law Article Sec. 15-601.1)
Creditor must send a judgment creditors report each month to the debtor and employer.
MichiganFederal statute limits withhold to 25% of disposable earnings per week, unless the debtor’s earnings are at or near the minimum wage, 15 USC 1673, in which case no withholding is allowed.
Time Limit: Garnishment writ expires 91 days after issuance, MCR 3.101(B)(1)(a)(ii). Must issue and serve a new writ.Stay of Wage Garnishment: Courts may grant the debtor an “installment payment order,” MCL 600.6201, MCR 3. 104(A), which bars wage garnishment, provided that the debtor pays as required by the order. Such an order does not prevent garnishment of bank accounts or income tax refunds. MCL 600.6245, MCR 3.101(N). Some courts nevertheless do not allow any garnishment while an installment payment order is in effect.
MinnesotaMinnesota Statute 550.136 and 551.06 governs wage attachment. The maximum part of an individual’s disposable earnings for a pay period creditors can garnish may not exceed the lesser of:
1. 25% of the disposable earnings, or
2. The amount of the disposable earnings that exceed 40 times the federal minimum hourly wage.
The portion of the defendant’s earnings which are not subject to a wage garnishment are also exempt from garnishment for 20 days after deposited in any financial institution, whether in a single or joint account. The burden of establishing that funds are exempt rests on the defendant using the first-in first-out accounting method.
MississippiThe law exempts the first 30 days’ wages after service of garnishment.

After 30 days, 75% of wages are exempt.
Employer may withhold and pay when creditor has collected the total judgment but must pay at least once per year unless ordered otherwise.
Employers pay garnishments in the order they receive service of such. Employer pays the first one served before paying the second one.

Statutes do not consider child support withholding orders as garnishments; thus, the employer pays them regardless of priority. Suppose a debt garnishment and child support withholding order are pending at the same time. In that case, the amount withheld for child support order does not reduce the amount of the debt garnishment.

MissouriThe maximum amount that may be held from a person’s weekly wages, after withholdings required by law, is the lesser of:
1. 25% of the wages,
2. 10%, if the person is head of a family and a Missouri resident, or
3. The amount by which the weekly earnings exceed thirty times the federal minimum hourly wage. Mo. Rev. Stat. §525.030.
Note: Child support garnishment may be subject to a higher percentage of deduction.
MontanaMontana Code Title 25, Chapter 13, and entitled ‘Execution of Judgment’ authorize wage attachment. There is no continuous garnishment for employees provided by the Montana Legislature. The wage exemption statute is identical to the Federal exemption statute and an execution writ is good for 60 days.
NebraskaAlthough Nebraska allows wage garnishment it rejects the Federal exemptions.
1. Proceeds or interest from payments or settlements under the Worker’s Compensation Act (Neb. Rev. Stat. §48-149), except for attorney’s fees approved in writing by district court (Neb. Rev. Stat. §48-108);
2. Fraternal insurance benefits (Neb. Rev. Stat. §44-l072);
3. Certain wages; all proceeds, cash values and benefits accruing under any annuity contract, policy or certificate or life insurance payable on death of insured to beneficiary other than estate of insured, or under any accident or health insurance policy, to the extent of $10,000,00 (Neb. Rev. Stat. §44-371).
NevadaNevada applies its own statutory exemptions that are generally more liberal than the Federal Exemptions. The statutes allow a wage garnishment of to 25% of the debtor’s disposable earnings. Child support garnishments take priority regardless of when the employer receives the levy. A wage garnishment is good for one hundred and twenty days (120) from the date of service of the writ on the employer.
New HampshireNew Hampshire has a non-continuous wage attachment “on the books,” in RSA 512. Creditors seldom employ the process due to severe restrictions on its use, the cost, and the fact that many judges do not favor it and have discretion to disapprove it.
The lien applies only to wages earned post-judgment. Under New Hampshire procedural rules, seeking a garnishment would therefore require the filing of a new lawsuit each time the creditor seeks such an attachment.The attachment only applies to wages earned to the date of service. In other words, there is no provision for an ongoing garnishment.
There is an exemption for earnings to 50 times the minimum wage. New Hampshire does have a mechanism for establishing a court-supervised payment plan under RSA 524. This creates no lien against earnings, and is enforceable through contempt should the debtor default.
New Jersey10% gross 25% of disposal earnings whichever is less but no execution on gross wages of $154.50 or less a week (Source: 15 USC, 1671 et seq,: 29 C. F. R., 5870; N.J.S.A. 2A: 17-50).
New MexicoNew Mexico Law provides for continuing wage garnishments. The employer must withhold to 25% of disposable earnings from each paycheck beginning on service of the writ and continuing until the debtor pays the judgment in full.

If previous garnishments are in effect when the creditor serves the writ, the earlier writ(s) the debtor must satisfy it before withholding begins on the later writ. to 50% of disposable wages is subject to a garnishment for child support, making subsequent garnishments for debts ineffective.
Law prohibits pre-judgment garnishment of wages.

New YorkThe maximum amount recoverable is ten percent (10%) of gross income, or the federal maximum, whichever is less.

If the debtor is subject to garnishment for alimony, support or maintenance, the combined garnishments cannot exceed twenty-five percent (25%) of disposable earnings.

Law prioritizes income executions by order of delivery to the Sheriff, but garnishments for alimony support or maintenance always take priority.
The execution is a two-stage process. First, the sheriff serves the execution on the debtor at his or her residence. If the debtor does not begin making payments within twenty (20) days, the sheriff levies on the employer

North CarolinaUnless the debtor has substantial funds on deposit and no family dependent on those funds for support, garnishment of wages is not generally helpful in collecting other claims except:
1. To enforce an order for child support (G. S. § 110-136),
2. To recover unpaid taxes (G. S. § 105- 242(8), 105-368, 106-9.4), and
3. To enforce a judgment for payment of medical services provided by a “public” hospital (G. S. § 131E-49),
Under G. S. § 1-362, the creditor cannot apply debtor’s earnings toward the debt for personal services within 60 days prior to the order if it appears that the earnings are necessary for the use of the debtor’s family. Further, the law excludes future earnings from the scope of execution under Harris v. Hinson, 87 N.C. App. 148,360 S.E.2d 118 (1987)
North DakotaThe maximum part of an individual’s aggregate disposable earnings for the work week that is subject to garnishment in North Dakota is the lesser of:
1, 25% of the disposable earnings, or
2. The amount of the disposable earnings that exceed 40 times the federal minimum hourly wage.
Note: Debtors may reduce the maximum amount subject to garnishment by $20.00 for each dependent family member residing with the defendant.
OhioUnder O.R.C. §2716.02, any person seeking a post-judgment wage garnishment must send a written demand to the judgment debtor at least 15 days and not more than 45 days before seeking a garnishment order. Ordinary U.S. Mail with a certificate of mailing may serve through the court; by certified U .S. Mail, return receipt requested; or the demand. Creditor must send it to the judgment debtor’s last known place of residence, and the demand must follow the form the statute specifies.

O.R.C. §§2716.03 and 2716.05 specify the format for the garnishment motion, order, and notice. O.R.C. §2716.03 further provides that there can be no wage garnishment if the debt is subject to a debt scheduling agreement through a debt counseling service, unless the debtor or the debt counseling service fails to make payment for 45 days after the payment due date.
Under O.R.C. §2716.04, the garnishment order is a continuous order, requiring the garnishee to withhold from the debtor’s earnings each pay period until the debtor pays the judgment in full.

Creditor may garnish up to 25% of the debtor’s net disposable income. However, another creditor may interrupt this this order by the filing of another garnishment, in which case:
1. The first garnishment order shall remain in effect for 182 days, if the subsequent garnishment is the same priority, or
2. The first garnishment order shall immediately cease to be in effect if the subsequent garnishment is a higher priority, such as a child support order or tax levy.

OklahomaOklahoma specifically authorizes Post-judgment wage attachment. 12 -1151 et al.
Entry of judgment is a condition precedent to a wage attachment. 12 O.S. § 1151 (West 2000).
The judgment creditor has the option of a non-continuing wage attachment that lasts one pay period, or a continuing wage attachment that lasts 180 days.
75% of the debtor’s wages are exempt from wage attachment 12 O.S. Sec. 1151.Note: This 75% exemption could increase if the debtor establishes hardship.
OregonExemption is 75% of disposable earnings or 40 times the federal minimum hourly wage. See the following statutory guidelines and limitations. ORS 29.125, .145 and .225 and 23.175.
PennsylvaniaNo wage attachment in this state except for taxes and child support.

The Pennsylvania Department of Revenue can garnish wages without obtaining a court order for collection of unpaid state taxes. The Department will first notify taxpayers of its intent to contact their employers to begin withholding. If a taxpayer fails to resolve the tax liability, the State can order the taxpayer’s employer to begin garnishing wages and make payments to the Commonwealth. Employers may retain to 2% of the amount collected to compensate for costs of additional bookkeeping.

Rhode IslandUnder Rhode Island law, the maximum amount which can be legally withheld from an employee’s wages by an employer is twenty-five (25%) percent of the employee’s disposable earnings.

Law defines disposable earnings as the earnings of an individual after deduction of taxes, social security and temporary disability contributions.
Individuals are exempt from attachment for one year if they have collected social security or state assistance.

South CarolinaWage attachment is prohibited in South Carolina. SCCLA 37 -5-104.
South DakotaPost-judgment wage attachment is specifically authorized by SDCL 21-18-1.
20% of disposable earnings but only for a 60-day period and creditor can renew this 60-day period regularly.Under SDCL 21-19-17, the earnings of the debtor that are immediately necessary for the support of the debtor and his family are exempt from attachment. Examples include money needed for rent, food, medical expenses, and clothing.
Aid, such as welfare, social security, and child support, are exempt from attachment.
TennesseeA debtor may obtain relief from garnishment by filing a “slow pay” motion, supported by an affidavit of his or her existing debts.

While no specific statutory provision so requires, most judges require that a debtor pay an amount sufficient to pay post-judgment interest and some portion of the principal.

Creditor may attach a debtor’s wages before the courts render a judgment if the debtor attempts to evade service of process.

TexasWages cannot be attached or garnished, except for child support.

Creditor can garnish or order the turnover to a receiver, that income that is not a wage.
Creditor can garnish bank accounts, rents and royalties.

Exemptions include social security benefits.
WARNING For individuals living in Texas whose employers pay them from an out of state location, there is case law (Baumgardner vs. Sou Pacific 177 S.W. 2d 317) to support taking a judgment from Texas, domesticating the judgment in the foreign state, then filing the wage garnishment there. Many creditors have used this strategy successfully.

UtahWage garnishment is valid for 120 days.
The maximum part of an individual’s disposable earnings for the pay period that is subject to garnishment is the lesser of:
1. 25% of the disposable earnings for the pay period, or
2. The amount by which the disposable earnings exceed 30 times the federal minimum hourly wage.
Vermont75% of debtor’s wages are exempt from attachment except for a consumer debt and then 85% of the debtor’s wages are exempt.

If at the hearing a debtor can show he uses his income for reasonable and necessary living expenses for himself and that of his legal dependents, this may exempt his income.

If a creditor obtains an order to garnish, it continues until the debtor pays the judgment in full or an event terminates his employment.

VirginiaVirginia uses the federal wage exemption.
The maximum part of disposable earnings of an individual for any workweek which a creditor may garnish may not exceed the lesser of;
1. 25% of disposable earnings for that week, or
2. The amount by which his disposable earnings for that week exceed thirty (30) times the federal minimum wage.
WashingtonGarnishment is allowed under RCW 6.27.005. The law limits garnishment to greater of 25% of disposable earnings or thirty times the federal minimum wage. RCW 6.27.150 and 6.27.010
West VirginiaWage attachment is permitted in West Virginia through use of a suggestee execution. A suggestee execution is an order the clerk issues directing the judgment debtor’s employer to withhold a portion of the debtor’s wages and pay them over to the creditor.
The creditor must have a valid judgment and must sign an affidavit establishing that the debtor’s disposable income exceeds 30 times the federal minimum wage after deduction of state and federal taxes, See West Virginia Code §§ 38-5A-l to 13; 38-5B-l to 16.
West Virginia law also allows judgment creditors to file a suggestion of personal property, a writ of execution and a judgment lien creditor’s action.
WisconsinWage garnishment actions are considered separate actions under Wisconsin Statute, requiring the payment of a filing fee and issuance of the earnings garnishment notice to the employer and employee, which can be accomplished by first class mail.
on issuance of the earnings garnishment, the garnishment will remain in effect for a period of 13 weeks. At the end of this time period, a new the creditor must commence a new garnishment action, unless the debtor voluntarily extended the previous garnishment.Typically, a creditor can take 20% of a debtor’s net earnings after withholding taxes and Social Security. A debtor does have the right to assert various exemptions to the garnishment, including income below the Federal Poverty Guidelines, eligibility to receive foods stamps or medical assistance, or court-ordered assignments of child support that exceed 25% of the debtor’s wages.
WyomingSection 1-15-408: A writ of post judgment garnishment shall attach to the lesser of twenty-five percent (25%) of 8disposable earnings, or that amount of disposable earnings which exceeds thirty (30) times the federal minimum hourly wage.

Section 1-15-502: Garnishment (on the wages of the defendant) shall be a lien and continuous levy against earnings due until ninety [90) days has expired or until the writ is dismissed.

Section 1-15-504: When more than one (1) writ of continuing garnishment has been issued against the earnings due the same judgment debtor, the garnishment shall be satisfied in the order of service on the garnishee.

FederalGarnishment limit is the lesser of ) 25% of disposable weekly earnings or 2) any amount over 30 times the federal minimum hourly wage.
US Territories
American SamoaGenerally speaking, it is unlawful to make deductions from an employee’s earnings—except for taxes and payments pursuant to order of court —unless such deductions have been authorized in writing by the employee. A.S.C.A. § 32.0333. Additionally, federal labor law applicable to the territory prohibits the garnishment of an individual’s earnings beyond 25% of an employee’s disposable earnings. 15 U.S.C. § 1673.

The court, in its role as parens patriae, can inquire into a situation in which minor children were deprived of financial support due to deductions made from their father’s paychecks.

GuamWage earner may retain seventy five percent (75%) of the net earnings per week, or forty-eight dollars ($48.00) per week, whichever amount is greater.

For child support, the guidelines are generally based on a percentage of the net income of the parent ordered to pay child support. For obligors with net resources under $6000 per month, the guidelines are as follows:
one child – 20%
two children – 25%
three children – 30%
four children – 35%
five children – 40%
six or more children – no less than the amount for 5 children.

Northern Mariana IslandsCourts decide on a case-by-case basis what income is needed for the reasonable living requirements of the debtor and the dependents. The Northern Marianas Commission on Federal Laws Commission, thus, believed the US Federal formula should not apply in NMI for the following reason: “…the obvious intent [of the federal limit] is to allow the employee to retain enough earnings to purchase the necessities of life: food, shelter, and so forth. While earnings in the Northern Mariana Islands are generally less than in other parts of the United States, there is no evidence that the costs of necessities are also less.”
Puerto RicoUses federal garnishment rules and exemptions.
Puerto Rico Department of Labor And Human Resources enforce the rules.
United States Virgin Islands (USVI)Garnishment is subject to ten percent or so much of gross wages as exceeds $30 due or to become due to judgment debtor from employer-garnishee for any weekly pay period, or its equivalent for any pay period of different duration. The above percentage limitation does not apply in case of execution of judgment, order or decree of any court for payment of any sum for support or maintenance of a person’s spouse, former spouse, or children, and such execution, judgment, order or decree will, in the discretion of the court, have priority over any other levy against judgment debtor’s wages.

In case of execution upon judgment, order or decree for payment of such sum for support of maintenance, limitation will be fifty percent of gross wages due or to become due to any person per pay period or periods ending in any calendar month.


wage garnishment by state

Asset Protection Plans

This company creates asset protection plans and establishes legal tools to shield assets from creditors. Get a hold of us by using the numbers or inquiry form above on this page. There are a multitude of additional exceptions. Some of these include the IRA exemptions, homestead exemptions, and tenancy by the entirety.

In addition, be aware of the dangers. Married couples who live in community property states such as California, Texas, Washington,  Arizona and others face a greater risk of asset seizure. This is because a judgment against one spouse can take the assets of the other. Most importantly, there are legal tools we establish that many of our clients use to protect assets from lawsuits.


Legal Disclaimer

The above is for informational purposes with respect to wage garnishment exemptions by state and is not to be considered tax or legal advice. The author believes it is accurate at the time of its writing but the author or associated parties make no guarantees of such. Further, if such advice is needed, seek the services of a qualified, licensed, practicing attorney and/or accountant. If you know of updates to the statues please utilize the inquiry form to notify us of such change.

Last Updated on January 31, 2021