Wage garnishment exemptions protect portions of your income from seizure by creditors. Even when creditors have valid judgments, they cannot take everything—the law ensures you keep enough to meet basic needs. Understanding which exemptions apply to you helps protect more of your paycheck.
Exemptions exist at both federal and state levels, and you're entitled to whichever provides greater protection. Knowing and claiming applicable exemptions is your responsibility—they're not automatically applied.
Federal Exemption Limits
The Consumer Credit Protection Act establishes minimum protections for ordinary debt garnishments. Creditors can take the lesser of 25% of your disposable earnings or the amount by which your weekly disposable earnings exceed 30 times the federal minimum wage.
If your weekly disposable earnings are less than 30 times the minimum wage—currently about 17.50—your entire check is exempt from garnishment. This protects workers earning near minimum wage from having any wages taken for ordinary debts.
"Disposable earnings" means your wages after legally required deductions like federal and state taxes, Social Security, and Medicare. Voluntary deductions for benefits or retirement don't reduce disposable earnings for garnishment calculations.
State Exemptions
Many states provide greater protection than federal law requires. Some states limit garnishment to less than 25%—a few states prohibit wage garnishment for consumer debts entirely except for child support, taxes, and student loans.
Head-of-household exemptions exist in several states. If you're the primary financial provider for your family, you may be entitled to keep more of your income than single individuals without dependents.
Low-income exemptions in some states protect workers below certain income thresholds entirely. The threshold varies by state and family size. If your income falls below the exemption level, you may not be subject to garnishment at all.
Protected Income Sources
Certain types of income are fully or substantially protected from garnishment. Social Security benefits generally cannot be garnished except for child support, alimony, federal taxes, and certain federal debts. Private creditors cannot garnish Social Security.
Veterans' benefits, SSI (Supplemental Security Income), workers' compensation, unemployment benefits, and certain retirement benefits have varying levels of protection depending on the type of debt and applicable law.
However, once exempt funds are deposited into a bank account, they may become harder to protect. Banks may freeze accounts upon receiving garnishment notices. Keep records showing which deposits came from exempt sources.
Child Support and Tax Exceptions
Child support, alimony, and tax obligations follow different rules with higher garnishment limits. Up to 50-65% of disposable income can be taken for child support depending on circumstances. Tax levies can take even more, though some income remains protected.
The federal minimum wage exemption doesn't apply to child support or tax garnishments. These priority debts can reach income that ordinary creditors cannot touch.
Claiming Your Exemptions
Exemptions must be claimed—they're not automatically applied. When you receive notice of garnishment, you typically have a limited window (often 10-30 days) to file a claim of exemption with the court.
File promptly and provide documentation supporting your exemption claim. This might include pay stubs showing income levels, proof of dependent status, evidence of income source (for protected benefits), or other relevant documents.
If you miss the deadline to claim exemptions, you may lose the right to assert them for that garnishment. Courts strictly enforce deadlines, so act quickly upon receiving garnishment notice.
Multiple Garnishment Limits
When multiple creditors garnish your wages, total garnishment still has limits. Federal law caps ordinary debt garnishment at 25% total, not 25% per creditor. If one creditor is already taking 25%, additional ordinary creditors may have to wait.
Priority debts like child support can take their full allowed amount on top of ordinary garnishments, potentially taking more than 25% total. But ordinary creditors cannot collectively exceed the 25% cap.
After Claiming Exemptions
Once you file an exemption claim, the court holds a hearing to determine if your claim is valid. Bring all supporting documentation. The burden is usually on you to prove entitlement to the exemption.
If the court grants your exemption, garnishment is reduced or eliminated accordingly. If denied, garnishment continues at the original level. You may have appeal rights depending on jurisdiction.
Getting Legal Help
Navigating exemptions can be complex, especially with multiple income sources or complicated family situations. A consumer rights attorney or legal aid organization helps you identify applicable exemptions, file proper claims, and protect your income. Many offer free consultations, and the benefit of preserving your income often far exceeds any cost. Don't let creditors take more than the law allows—know and claim your exemptions.