Wage Garnishment

For most consumer debts, a creditor must first sue you and obtain a money judgment before it can garnish wages. After judgment, the creditor typically requests a garnishment order (sometimes called a writ of garnishment) directed at your employer, who then withholds part of each paycheck and sends it to the court or creditor.

Federal law under the Consumer Credit Protection Act limits how much of your disposable earnings can be garnished for most debts, and many states set even lower limits or additional exemptions, such as protections for heads of household who financially support a dependent.

Garnishment reduces take-home pay for as long as it continues, which can strain a household budget, especially alongside other debts. It can also come with a risk of related actions, such as a bank account levy, depending on the creditor and jurisdiction.

Garnishment paperwork usually includes a claim-of-exemption process with a short deadline. Missing that deadline can mean losing a protection you might otherwise have qualified for, even if your income or dependents would have supported a full or partial exemption.

• File a timely claim of exemption if your income, dependents, or the type of debt may qualify for protection under state law.
• Negotiate a settlement or voluntary payment plan with the creditor to stop or reduce the garnishment.
• Review whether the underlying judgment was properly obtained, which may support a challenge in some cases.
• Consider bankruptcy, which generally triggers an automatic stay that can pause most garnishments tied to dischargeable debt.
• Talk with your employer's HR or payroll department about how the garnishment will be processed and for how long.

Read every garnishment notice carefully and note all deadlines. Calculate what the garnishment means for your monthly budget, and gather pay stubs and household expense information if you plan to claim an exemption. If the amount is significant or you are unsure of your rights, consider speaking with a legal-aid organization or a consumer-law attorney quickly, since these deadlines are often short.