I Got a Wage Garnishment Notice. What Should I Do First?
Federal law protects a portion of your paycheck from garnishment, and many states protect more than the federal floor. The first week after the notice arrives is when most of your protection is exercised. Doing nothing is the worst option; doing the wrong thing is also bad; doing the right thing in the right order is straightforward and time-sensitive.
I am a Florida trial lawyer who has handled debt cases on the consumer side. This article describes what a wage garnishment notice generally is, the federal floor on how much of your wages are exempt, the categories of state exemptions that may apply on top, and the steps to take in the first week. It is general information, not legal advice. The law of your state and the specific facts of your case matter. They may change what is right for you. For related reading 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 that directs your employer to withhold part of your wages and send that money to a creditor who has obtained a judgment against you. In most states, the creditor has to first sue you, get a judgment, and then file a separate process to garnish your wages. There are exceptions for certain debts, including federal student loans, federal taxes, and child support, where some collection can happen without a court judgment.
The notice you receive is your formal warning that the process is starting or has started. It will identify the creditor, the amount, the court, the case number, and a deadline by which you can respond. The deadlines are short. Treat the notice like a deadline document, not a piece of mail to think about later.
The federal floor on protected wages
The federal Consumer Credit Protection Act sets a national minimum on how much of your wages a creditor can take. For ordinary consumer debt, the cap is the lesser of two figures: 25 percent of your disposable earnings, or the amount by which your weekly disposable earnings exceed 30 times the federal minimum wage. Disposable earnings are your wages after legally required deductions like federal income tax, Social Security, and Medicare.
This federal floor applies in every state. A creditor cannot take more than the federal cap on ordinary consumer debt, even if state law would allow it. The federal cap is the ceiling, not the floor.
Different rules apply to certain priority debts. Child support garnishments can reach a higher percentage. Federal tax levies follow a separate IRS table. Federal student loan administrative wage garnishments have their own rules. If your garnishment is for one of these priority categories, the analysis is different.
State exemptions on top of the federal floor
Many states protect more wages than federal law requires. A few states protect almost all wages from garnishment for ordinary consumer debt. Others match the federal cap. The variation across states is large, and it matters more than most people realize.
Some categories that commonly show up in state exemption schemes include head-of-household exemptions for the primary earner supporting a family, exemptions for low-income debtors below a certain weekly threshold, exemptions for specific kinds of income such as Social Security, veterans' benefits, public assistance, unemployment, workers' compensation, and certain pensions, and homestead-related protections that may interact with how the wages are paid and held.
You will not figure out which state exemptions apply to you by reading a national article. You will figure it out by reading the actual exemption statute for your state, by reading the form your state provides for claiming exemptions, or by asking an attorney licensed in your state.
The first week
The window after the notice arrives is short. The exact deadlines depend on your state, but the categories of action are similar across most states.
Read the notice. Identify the creditor, the case number, the court, the amount, and every deadline on the document. Write the deadlines on a calendar. Missing a deadline to claim an exemption can cost you the exemption.
Confirm the debt is yours. Garnishments occasionally issue against the wrong person because of a name match or an old address. If the underlying judgment was entered without proper service on you, that is a separate issue worth raising. The garnishment cannot exceed what the underlying judgment authorizes.
File the exemption claim if you have a valid exemption. Most states provide a form. The form has a deadline. The exemption is generally not automatic; you have to claim it on the record. Filing the claim usually triggers a hearing where the creditor and the debtor present whatever proof the exemption requires.
Notify your employer in writing if you are claiming exemptions, so the employer knows the dispute is live. Your employer is not on your side or against you in this; the employer is required to follow the order until a court tells the employer otherwise.
Contact a consumer-protection attorney in your state. If the dollars at stake are meaningful, the cost of an attorney is often justified by the exemptions you can preserve. Some attorneys handle this on a low fee or flat fee. Some are available through legal aid for low-income filers.
What not to do
Do not ignore the notice. Most exemptions are lost by inaction. Most garnishments that could have been stopped or limited proceed because the debtor did nothing in the first thirty days.
Do not pay the collector directly outside the garnishment process unless you have a written agreement. Money paid outside the process may not reduce the garnishment amount. Document everything in writing.
Do not quit your job to avoid the garnishment. The next employer will face the same order. Quitting does not eliminate the underlying judgment, and it costs you the income while the judgment continues to accrue interest in many states.
Do not assume the creditor has the law right. Garnishment paperwork sometimes overstates the amount that can be taken or understates the exemptions that apply. The court is the place where the math gets corrected, 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 protection further; the protections are not automatic and have to be claimed on a deadline. Doing nothing is the worst posture. Reading the notice carefully, identifying the deadlines, and getting an attorney licensed in your state to walk through the exemption claims 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.