I Got a Wage Garnishment Notice. What Should I Do First?
Federal law shields part of your paycheck from garnishment. Many states shield more than the federal floor. Most of your protection has to be used in the first week after the notice arrives. Doing nothing is the worst move. Doing the wrong thing is bad. Doing the right thing in the right order is simple and time-sensitive.
I am a Florida trial lawyer. I have handled debt cases on the consumer side. This article walks through what a wage garnishment notice is. It covers the federal floor on how much of your wages are exempt. It covers state shields that may apply on top. And it covers the steps to take in the first week. It is general information, not legal advice. The law of your state and the facts of your case matter. They may change what is right for you. For more on this site, see the debt defense overview.
Educational only. Not legal advice.I am a Florida trial lawyer, licensed only in Florida. I am not licensed in any other state, U.S. territory, or foreign jurisdiction. Reading this article does not create an attorney-client, fiduciary, or advisory relationship. Consumer protection law and court procedures vary by state and often by county. Verify every rule, deadline, and form against the law where you live and the specific court where any case is pending. If you have been served with a garnishment, the strongest protection is a consumer-protection or consumer-debt-defense attorney licensed in your state. The National Association of Consumer Advocates (consumeradvocates.org) and your state bar's referral service are good starting points. Federal fee-shifting laws sometimes make this kind of representation affordable.
What a wage garnishment notice is
A wage garnishment is a court order. It tells your boss to hold back part of your wages. That money goes to a creditor who has won a judgment against you. In most states, the creditor has to sue you first. Then they get a judgment. Then they file a separate step to garnish wages. A few debts skip that sequence. Federal student loans, federal taxes, and child support can collect without a court judgment.
The notice you get is your formal warning. The process is starting or has started. It will list the creditor, the amount, the court, the case number, and a deadline. The deadlines are short. Treat the notice like a deadline document. Not like mail to think about later.
The federal floor on protected wages
The federal Consumer Credit Protection Act sets a national floor. It limits how much of your wages a creditor can take. For regular consumer debt, the cap is the lesser of two numbers. The first is 25 percent of your disposable earnings. The second is the amount your weekly disposable earnings exceed 30 times the federal minimum wage. Disposable earnings are your wages after required deductions. That is federal income tax, Social Security, and Medicare.
This federal floor applies in every state. A creditor cannot take more than the federal cap on regular consumer debt. Even if state law would allow it. The federal cap is the ceiling, not the floor.
Other rules apply to some priority debts. Child support can reach a higher share. Federal tax levies follow a separate IRS table. Federal student loan garnishments have their own rules. If your garnishment is in one of those buckets, the math is different.
State exemptions on top of the federal floor
Many states protect more wages than federal law does. A few states protect almost all wages from regular consumer-debt garnishment. Others match the federal cap. The gap between states is large. It matters more than most people think.
Some common state shields include the head-of-household exemption for the main earner who supports a family. There are shields for low-income debtors below a set weekly threshold. There are shields for some kinds of income. Social Security. Veterans' benefits. Public assistance. Unemployment. Workers' compensation. Some pensions. There may also be homestead-tied shields that touch how wages are paid and held.
You will not figure out which state shields apply to you from a national article. You will figure it out by reading your state's exemption statute. Or by reading the form your state gives you to claim shields. Or by asking a lawyer in your state.
The first week
The window after the notice is short. The exact deadlines depend on your state. The kinds of action are similar across most states.
Read the notice. Find the creditor, the case number, the court, the amount, and every deadline. Put the deadlines on a calendar. Miss a deadline and you can lose the shield.
Confirm the debt is yours. Garnishments sometimes hit the wrong person. A name match. An old address. If the underlying judgment was entered without proper service on you, that is a separate issue worth raising. The garnishment cannot reach more than the judgment allows.
File the exemption claim if you have a valid one. Most states have a form. The form has a deadline. The shield is mostly not automatic. You have to claim it on the record. Filing the claim usually sets a hearing. The creditor and the debtor each show up with whatever proof the shield requires.
Tell your boss in writing if you are claiming shields. That way payroll knows the dispute is live. Your boss is not on your side or against you in this. Payroll has to follow the order until a court says otherwise.
Call a consumer-protection lawyer in your state. If the dollars at stake are big enough, the cost of a lawyer is often paid back by the shields you can save. Some lawyers handle this on a low fee or flat fee. Legal aid is open to low-income filers in many places.
What not to do
Do not ignore the notice. Most shields are lost by doing nothing. Most garnishments that could have been stopped or trimmed go through because the debtor did nothing in the first 30 days.
Do not pay the collector outside the garnishment process. Not unless you have it in writing. Money paid outside the process may not reduce the garnishment. Get every promise in writing.
Do not quit your job to dodge the garnishment. The next boss will face the same order. Quitting does not erase the judgment. It costs you the income while the judgment keeps growing interest in many states.
Do not trust that the creditor has the law right. Garnishment paperwork sometimes claims more than it should. Or skips shields that apply. The court is where the math gets fixed. Not the creditor's office.
The honest summary
A wage garnishment notice is serious mail. Federal law caps how much can be taken. State law often raises the shield further. The shields are not automatic. They have to be claimed on a deadline. Doing nothing is the worst move. Read the notice with care. Find the deadlines. Get a lawyer in your state to walk through the exemption claims. That is the workable path.
Frequently asked questions
How much of my paycheck can a creditor take under federal law?
For ordinary consumer debt, the federal cap is the lesser of 25 percent of your disposable earnings or the amount by which your disposable earnings exceed 30 times the federal minimum wage. Different rules apply to child support, federal taxes, and federal student loans. State law may protect more.
Can a creditor garnish my wages without first suing me?
For ordinary consumer debt, no. The creditor has to obtain a judgment in court before pursuing wage garnishment. There are exceptions for certain priority debts including child support, federal taxes, and federal student loans, which can use administrative processes.
What is the head of household exemption?
In some states, a wage earner who provides more than half the support of a dependent qualifies for a stronger exemption that may protect most or all of their wages from garnishment for ordinary consumer debt. The qualifying conditions and the amount of protection vary by state. You have to claim the exemption on the record; it is not automatic.
Can my employer fire me because of a garnishment?
Federal law prohibits firing an employee for a garnishment on a single debt. Multiple garnishments may be a different question depending on state law. If your employer is threatening termination, consult an employment lawyer in your state.
How fast do I have to act?
Days, not weeks. The exact deadline depends on your state and the type of garnishment, and it will be stated on the notice. If the notice does not state a deadline plainly, contact an attorney immediately. Missing the exemption deadline often forfeits the exemption.
Educational only. Not legal advice.I am a Florida trial lawyer, licensed only in Florida. I am not licensed in any other state, U.S. territory, or foreign jurisdiction. Reading this article does not create an attorney-client, fiduciary, or advisory relationship. Wage garnishment law and court procedures vary by state and often by county. Verify every rule, deadline, exemption amount, and form against the law where you live and the specific court where your case is pending. If you have been served with a garnishment notice and want help, the strongest protection is a consumer-protection or consumer-debt-defense attorney licensed in your state. The National Association of Consumer Advocates (consumeradvocates.org) and your state bar's referral service are good starting points. Federal fee-shifting laws often make this kind of representation affordable.