Your rights
My wages are being garnished. How much can they take?
Key takeaways
- For an ordinary debt, federal law caps garnishment at 25% of your disposable earnings or the amount above 30 times the federal minimum wage ($217.50 a week), whichever is less.
- Most creditors need a court judgment first. Child support, taxes and federal student loans follow their own rules, and your employer can't fire you over garnishment for one debt.
- Your state can protect more: Texas does not allow garnishment of current wages for ordinary debts, and California, New York and Florida set lower limits or exemptions.
Before most creditors can take part of your paycheck, a court has to issue a judgment saying you owe the debt, and even then the law caps how much can be taken. The cap depends on the kind of debt and on your state: federal law sets the limit, and a state law that leaves you more money applies instead.
Below: the federal limit with a worked example, what counts as disposable earnings, the debts that follow different rules, a side-by-side comparison of California, Texas, New York and Florida, and how to claim an exemption before the deadline.
How much can be taken from your paycheck under federal law?
For an ordinary debt, the most that can be garnished in a week is the lesser of two amounts:
- 25% of your disposable earnings for that week, or
- the amount by which your weekly disposable earnings are more than 30 times the federal minimum wage. The federal minimum wage is $7.25 an hour, so the first $217.50 a week is protected.
- Nothing below $217.50 a week. If you are paid weekly and your disposable earnings are $217.50 or less, nothing can be garnished for an ordinary debt. Between $217.50 and $290, only the amount above $217.50 can be taken. From $290 up, the cap is 25%.15 U.S.C. § 1673(a) · DOL Fact Sheet #30
- Your job is protected, for one debt. Your employer may not fire you because your pay is garnished for any one debt, however many garnishment orders are issued to collect it. The federal protection does not cover garnishment for a second or later debt.15 U.S.C. § 1674 · DOL
- The stricter law applies. If a state garnishment law differs from the federal one, the law that results in less of your pay being garnished must be followed.DOL Fact Sheet #30
- The Labor Department enforces it. The U.S. Department of Labor's Wage and Hour Division enforces the limits and the protection from firing against employers.DOL Fact Sheet #30
What counts as disposable earnings?
Disposable earnings are what is left of your pay after the deductions the law requires. The Department of Labor lists federal, state and local taxes, your share of Social Security, Medicare and state unemployment insurance tax, and withholding for an employee retirement system that the law requires.
Deductions that the law does not require usually may not be subtracted first. The Department of Labor gives examples: voluntary wage assignments, union dues, health and life insurance, charitable contributions, savings bonds, voluntary retirement contributions, and repaying your employer for payroll advances or merchandise.
- Earnings include wages, salaries, commissions, bonuses and periodic payments from a pension or retirement program.
- Tips: the cash wage your employer pays and any tip credit it claims count as earnings. Tips above that amount do not.
Worked example: the federal limit, week by week
An illustration only. It uses the federal minimum wage of $7.25 an hour and a weekly pay period. Your own pay, the type of debt and your state's law decide the real amount.
| Weekly disposable earnings | 25% of disposable earnings | Amount above $217.50 | Most that can be taken |
|---|---|---|---|
| $200 | $50.00 | None | $0 |
| $250 | $62.50 | $32.50 | $32.50 |
| $500 | $125.00 | $282.50 | $125.00 |
| $1,000 | $250.00 | $782.50 | $250.00 |
Debts that follow different rules
Most creditors can only garnish your wages after a court issues a judgment saying you owe the debt. The Department of Labor notes that most garnishments are made by court order, but IRS and state tax levies and federal agencies' administrative garnishments for debts owed to the government are other ways it can happen. The CFPB adds that states can generally garnish wages to pay child support.
| If… | What to do | Good to know |
|---|---|---|
| Child support or alimony | Up to 50% of disposable earnings can be garnished if you are supporting another spouse or child, or up to 60% if you are not. | An extra 5% (so 55% or 65%) can be taken for support more than 12 weeks overdue. |
| Federal or state taxes | The federal 25% limit does not apply. With an IRS wage levy, part of your wages goes to the IRS each pay period, and you keep an exempt amount based on the standard deduction and your dependents. | Return the Statement of Dependents and Filing Status your employer gives you within 3 days, or the exempt amount is figured as if you were married filing separately with no dependents. The levy continues until the taxes are paid, you make other arrangements, or the levy is released. |
| Defaulted federal student loans | Your loan holder can order your employer to withhold up to 15% of your disposable pay without taking you to court, until the loan is paid or out of default. | You must be sent a notice 30 days before. A written hearing request postmarked within 30 days of the date the notice was sent holds off the garnishment until a decision. On Sept 28, 2026, studentaid.gov said this garnishment was currently paused. |
| Other debts owed to a federal agency | Federal agencies, or collection agencies working for them, can garnish up to 15% of disposable earnings to repay defaulted debts owed to the U.S. government. | This is an administrative garnishment, not a court order. |
The federal limits also do not apply to certain bankruptcy court orders. Questions about a support, tax or federal-agency garnishment go to the court or agency that issued it.
Student loan wage garnishment (AWG): the 15% limit and your rights
Administrative wage garnishment (AWG) lets the holder of a defaulted federal student loan order your employer to withhold up to 15% of your disposable pay, without taking you to court, until the loan is paid in full or out of default.
- A written notice first. It is sent at least 30 days before garnishment proceedings begin and explains the debt and its amount, your right to see and copy the records, your right to object, and how to avoid garnishment by repaying voluntarily.31 U.S.C. § 3720D(b)(2) · studentaid.gov
- Your job is protected. Your employer may not fire you, refuse to hire you or discipline you because of the garnishment.31 U.S.C. § 3720D(e)
How to request a hearing on student loan garnishment
- Send a written request on time. It must be postmarked, or reach the office named in the notice, no later than 30 days after the date of the notice. A timely request holds off the garnishment until a decision is issued.
- Say what you object to. That you don't owe the debt, or the amount is wrong or not enforceable; that withholding 15% would cause extreme financial hardship; or that you have been back at work less than 12 months after losing a job involuntarily. Include proof.
- Don't wait for your records. Asking for copies of your loan documents doesn't delay a garnishment order.
The hearing may be in person in Atlanta, Chicago or San Francisco, at your own cost, by phone, or on your written records. A decision usually comes within about 60 days. A late request still gets a hearing, but generally doesn't stop the garnishment from starting.
Wage garnishment limits in California, Texas, New York and Florida
| State | Ordinary debts: the most that can be taken | Extra protection | Support, taxes and federal debts | How to claim an exemption |
|---|---|---|---|---|
| California | The lesser of 20% of weekly disposable earnings or 40% of the amount above 48 times the state minimum wage ($16.90 an hour in 2026), or the local minimum wage where it is higher. Cal. Code Civ. Proc. § 706.050 · DIR | You can claim an exemption for earnings needed to support yourself or your family. Your employer may not fire you because your wages are garnished for one judgment. § 706.051 · Cal. Lab. Code § 2929 | The family-support exemption does not apply to support withholding orders, state tax orders, certain attorney's fee awards, or a debt for personal services your own employee or former employee performed. § 706.051(c) | File a Claim of Exemption (WG-006) and Financial Statement (WG-007/EJ-165) with the levying officer named on the Earnings Withholding Order, usually the sheriff. The creditor has 10 days to oppose; if it doesn't, your claim is granted, otherwise a judge decides at a hearing. California Courts self-help guide |
| Texas | Nothing. Current wages cannot be garnished, except to enforce court-ordered child support or spousal maintenance. Tex. Const. art. XVI, § 28 | Current wages are exempt from seizure, except for court-ordered child support, and don't count against the state's personal property exemption limits. Tex. Prop. Code § 42.001(b)(1) | The wage exemption applies "except as otherwise provided by state or federal law". Texas law recognizes federal student loan withholding orders against current wages. Tex. Civ. Prac. & Rem. Code §§ 63.004, 63.006 | For an ordinary debt, the law itself protects your current wages: the employer is discharged from the garnishment as to wages it owes you. § 63.004 |
| New York | An income execution takes the least of 10% of gross income, 25% of disposable earnings, or the amount above 30 times the federal or state minimum wage, whichever minimum is higher. N.Y. CPLR § 5231(b) | Nothing is withheld in a week when disposable earnings are at or below that 30-times floor. The 2026 state minimum wage is $16.00 to $17.00 an hour by region. Judgments for medical debt brought by a hospital or health care professional can't be collected by income execution. § 5231(b) · NYS DOL | If support deductions already take 25% or more of disposable earnings, nothing more can be withheld under an income execution. The support orders themselves are not capped by this rule. § 5231(b)(iii), (g) | The execution is served on you first: if you don't pay the installments for 20 days, or the sheriff can't serve you within 20 days, it is served on your employer. At any time you can ask the court to modify it, by motion under CPLR 5231(i) or 5240. § 5231(d), (e), (g), (i) |
| Florida | If you are not a head of family: no more than the federal limit. Fla. Stat. § 222.11(2)(c) | Head of family (you provide more than half the support of a child or other dependent): all disposable earnings of $750 a week or less are exempt. Above $750, only if you signed a separate written waiver. Exempt pay stays protected in a bank account for 6 months if it can be traced. § 222.11 | The head-of-family exemption does not stop garnishment ordered by a Florida court for alimony or child support. Fla. Stat. § 61.12(1) | File the claim of exemption form that comes with the notice, with the clerk, within 20 days after you receive it. If the creditor doesn't file a sworn answer within 8 business days (14 if your claim was mailed), the writ is dissolved; otherwise a hearing is held. Fla. Stat. § 77.041 |
Other states set their own rules. Wherever you live, a state law that leaves you more of your pay than federal law is the one that applies.
Got a garnishment notice? What to do now
- Find the deadline today. Note who is garnishing, for what debt, the court or agency named, and the date you received the papers. Deadlines are short: 20 days to claim an exemption in Florida, 30 days to request a hearing on a federal student loan garnishment, 3 days to return the IRS dependents statement to your employer.
- Check what kind of garnishment it is. Most creditors need a court judgment first. Support, taxes and federal student loans follow the rules above.
- Check the math on your pay stub. Work out your disposable earnings and compare the amount taken with the federal limit and your state's limit.
- Claim your exemption in the right place. California: the levying officer named on the order, usually the sheriff. Florida: the clerk of court. New York: a motion to the court. Federal student loans: a written hearing request to your loan holder.
- Keep proof. Keep every notice, your pay stubs, and proof of when you filed or mailed anything.
- Report an employer that takes too much or fires you. The Wage and Hour Division enforces the federal limits and the protection from firing: 1-866-487-9243.
What you may hear, and what you can say
“The judgment is valid, so the full garnishment should stay.”
In California, you can say: “I'm asking the court to reduce it because I need these earnings to support my family. Here is my financial statement.”
“You earn more than $750 a week, so there's no exemption.”
In Florida, you can say: “I provide more than half the support for my child, and I never signed a written waiver, so my wages are protected.”
“We'll garnish your paycheck for this credit card debt.”
In Texas, you can say: “My current wages can't be garnished for this debt. The only exceptions are court-ordered child support and spousal maintenance.”
“Ten percent of your gross pay will be withheld.”
In New York, you can say: “The law allows less than that when disposable earnings are low, and mine are. I'm asking the court to modify the income execution.”
“Your wages will be garnished at 15% starting next month.”
For a federal student loan, you can say: “I'm requesting a hearing in writing within 30 days of your notice. Garnishing 15% of my pay would cause extreme financial hardship.”
“If this garnishment keeps up, we'll have to let you go.”
You can say: “Federal law bars firing an employee because pay is garnished for one debt.”
Wage garnishment checklist
- The garnishment papers: the order or notice, the court or agency, the case number and the date you received them.
- Your last few pay stubs, showing gross pay and each deduction.
- Your own calculation of weekly disposable earnings and the most that can be taken.
- Proof of who you support, if you are claiming a family or head-of-family exemption.
- Your household's basic monthly expenses, for a financial statement.
- Any contract or waiver you signed with the creditor.
- Your deadline to claim an exemption or request a hearing, marked on a calendar.
- Copies of everything you file, and proof of the date you filed or mailed it.
Can I handle this on my own, or do I need a lawyer?
Many people claim an exemption on their own with the court's forms. Get help quickly if you never knew about the lawsuit, your deadline is close, or more than one debt is being taken from your pay. The CFPB suggests legal aid programs, the American Bar Association or your state bar association for a referral to a lawyer.
Common questions
How much of my paycheck can be garnished for a debt?
Under federal law, for an ordinary debt, the lesser of 25% of your weekly disposable earnings or the amount above 30 times the federal minimum wage ($217.50 a week). States can protect more: California caps it at the lesser of 20% or 40% of the amount above 48 times its minimum wage, a New York income execution cannot exceed 10% of gross income, and Texas does not allow garnishment of current wages for ordinary debts.
Can my wages be garnished without a court judgment?
Most creditors can only garnish wages after a court issues a judgment saying you owe the debt. Federal and state agencies can sometimes garnish without a court order: for example, IRS and state tax levies, federal student loans and other debts owed to the federal government, and state collection of child support.
Can I be fired because my wages are garnished?
Not for garnishment for one debt, however many garnishment orders are issued to collect it. Federal law does not protect you if your pay is garnished for a second or later debt. California also bars firing over garnishment for one judgment, and for a federal student loan garnishment you may not be fired, refused a job or disciplined because of it.
What are disposable earnings?
Your pay after the deductions the law requires: federal, state and local taxes and your share of Social Security, Medicare and state unemployment insurance tax. Deductions you choose, such as union dues, health insurance or voluntary retirement contributions, usually may not be subtracted first.
Can a debt collector garnish my wages in Texas?
Not for an ordinary debt such as a credit card or medical bill. The Texas Constitution says current wages can't be garnished except to enforce court-ordered child support or spousal maintenance. Garnishments allowed by federal law, such as for defaulted federal student loans, are a separate matter.
How do I stop or reduce a wage garnishment?
Claim an exemption where your state allows it: in California with a Claim of Exemption, in Florida with the claim of exemption form within 20 days, in New York with a motion to modify the income execution. For a federal student loan, request a hearing in writing within 30 days or agree on repayment terms with your loan holder. For an IRS levy, it continues until the taxes are paid, you make other arrangements, or the levy is released.
Is student loan wage garnishment paused right now?
On Sept 28, 2026, studentaid.gov said collections through administrative wage garnishment and Treasury offset on defaulted federal student loans were currently paused. The law still allows up to 15% of disposable pay to be garnished without a court judgment, after a written notice sent at least 30 days ahead. Check studentaid.gov for the current status, and read any notice you get closely.
How do I request a hearing on student loan wage garnishment?
In writing, postmarked or received by the office named in the notice no later than 30 days after the date of the notice. A timely request holds off the garnishment until the hearing decision. You can object to the existence, amount or enforceability of the debt, claim that 15% would cause extreme financial hardship, or show you have been back at work less than 12 months after an involuntary job loss. Your loan holder, or ED's Default Resolution Group, can tell you how to send it.
Official sources
- U.S. Department of Labor: Fact Sheet #30, wage garnishment protections of the CCPA dol.gov
- U.S. Department of Labor: Garnishment dol.gov
- U.S. Department of Labor: Employment Law Guide, wage garnishment dol.gov
- U.S. Department of Labor: Minimum wage dol.gov
- U.S. Department of Labor: How to file a complaint dol.gov
- 15 U.S.C. § 1673: restriction on garnishment govinfo.gov
- 15 U.S.C. § 1674: no discharge for garnishment for one debt govinfo.gov
- CFPB: Can a debt collector take or garnish my wages or benefits? consumerfinance.gov
- CFPB: Submit a complaint consumerfinance.gov
- Federal Student Aid: Collections on defaulted loans studentaid.gov
- IRS: Information about wage levies irs.gov
- California Code of Civil Procedure § 706.050: limit on earnings withholding leginfo.legislature.ca.gov
- California Code of Civil Procedure § 706.051: exemption for support of your family leginfo.legislature.ca.gov
- California Labor Code § 2929: no discharge for garnishment for one judgment leginfo.legislature.ca.gov
- California Courts: Make a claim of exemption for wage garnishment selfhelp.courts.ca.gov
- California Courts: Wage garnishment selfhelp.courts.ca.gov
- California Labor Commissioner: Minimum wage (FAQ) dir.ca.gov
- Texas Constitution, Article XVI, Section 28: garnishment of wages statutes.capitol.texas.gov
- Texas Civil Practice and Remedies Code, Chapter 63: garnishment (§§ 63.004, 63.006) statutes.capitol.texas.gov
- Texas Property Code § 42.001: personal property exemption statutes.capitol.texas.gov
- Texas Comptroller: Student loan garnishments cpa.texas.gov
- Texas Comptroller: Administrative wage garnishments to pay federal non-tax debts cpa.texas.gov
- New York CPLR § 5231: income execution nysenate.gov
- New York State Department of Labor: Minimum wage dol.ny.gov
- Florida Statutes § 222.11 (2026): exemption of wages from garnishment flsenate.gov
- Florida Statutes § 77.041 (2026): notice to individual defendant and claim of exemption flsenate.gov
- Florida Statutes § 61.12 (2026): garnishment for alimony or child support flsenate.gov
- 31 U.S.C. § 3720D: administrative wage garnishment (U.S. Code, 2024 ed.) govinfo.gov
- 34 C.F.R. § 34.11: timely request for a hearing (administrative wage garnishment) ecfr.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.