Note: ALL states allow wage garnishment for child support, alimony, taxes and federal student loans.
1. Alabama Wage Garnishment
Prior to April 12, 1988
1. 20% of weekly disposable earnings; or
2. Amount by which the debtor’s disposable earnings exceeds fifty (50) times
the minimum wage.After April 12, 1988:
1. 25% of weekly disposable earnings; or
2. Amount by which the debtor’s disposable earnings exceeds thirty (30) times
the minimum wage.
Allowed by in an action upon an express or implied contract. (A.S. 09.40.010) See A.S.09.38.010- 09.40.30 for list of exemptions. Here are just three
exemption examples:1. Homestead exemption allows debtor to retain up to $54,000 interest in
primary residence. (A.S.09.38.0l0)
2. Most state and federal benefits (welfare, social security, etc.) are
exempted from attachment. (A.S. 09.38.015)
3. The first $402.50 per week is exempt unless the debtor is the sole
supporter of the household. In this case, the first $602.50 per week is exempt.
(A.S. 09.38.030)
Wages and eamings are garnishable: (A.R.S §12-1598 et seq.).
§12-1598 (4) defines “Earnings” broadly to include all forms of compensation.
25% of the statutory net disposable earnings of debtor. Court may reduce to
as low as 15%.
Computing the amount is a function of a statutorily approved formula embodied
in a form referred to as the Non Exempt Earnings Statement (NEES). This requires
the employer/garnishee to publish the gross earnings and “disposable earnings”
and perform specifically prescribed calculations. The first calculation is to
enter 25% of the “disposable earnings”. Next, the federal minimum wage is
calculated for the subject payroll period (30 times the minimum wage for weekly
payroll, 60 times for bi-weekly, and 65 times for semi -monthly payroll). That
calculated minimum wage sum is subtracted from the disposable earnings. That
calculated amount is compared to the 25% of net sum and the upper of the two sums
is the sum to be used for the next calculation. At this point, any court ordered
levies, support orders, or other wage assignments are subtracted. The remaining
balance must be held and paid over pursuant to the continuing lien order.
Federal garnishment rules and exemptions are used.
5. California Wage Garnishment
Up to 25% of the debtor’s net disposable earnings. Once the levy has been
served on the employer by the sheriff or marshal, it remains in effect until the
judgment has been paid in full. Because California is a community property
state, the wages of a non-judgment debtor spouse are also subject to
levy.
Gross earnings for the First Pay Period less deductions required by Law
Amounts based on Federal minimum hourly wage $5.15.Weekly: $154.50 or 75% of Disposable Earnings
Bi-weekly: $309.00; or 75% of Disposable Earnings
Semi-monthly $334.75 or 75% of Disposable Earnings
Monthly: $669.50 or 75% of Disposable earnings
7. Connecticut Wage Garnishment
Pursuant to CGS §52-361a, the maximum amount which can legally be withheld
from a debtor’s wages is the lessor of:1. 25% of weekly disposable earnings; or
2. Amount by which the debtor’s disposable earnings exceeds forty (40) times
the higher of eitherA. The current federal minimum hourly wage; or
B. The state’s prevailing full minimum fair wage.
15% of statutory net income. Garnishment remains in effect until the judgment
is paid in full. Bank accounts cannot be garnished!
9. District of Columbia Wage Garnishment
Garnishments are stacked and kept in place while the senior in time
garnishment is paid off. 25% of disposable income can be attached by a wage garnishment.
Creditors must send the debtor, the garnishee and the Court a monthly
statement of account showing the application of payments to interest, principal,
attorney’s fees, and costs. Garnishees remit directly to the creditor or
creditor’s attorney. Bank Accounts: No exemptions other than social security and disability income
Attaching creditor can withdraw 100% of joint account balance. (The co-owner of
the account might prevail in exempting funds depending on the judge and the
source of the funds)
Florida Statutes, chapter 77 outlines very strict procedures for garnishment.
Florida Statutes §222.11 offers a significant exemption to wage garnishment
known as the “head of family” exemption. Effective July 1, 2001, the judgment
creditor is required to serve a notice of rights to the defendant upon receipt
of the employees answer with a form for the defendant to fill out to claim
exemptions.
Pursuant to OCGA 18-4-20, the maximum part of the aggregate disposable
earnings of an individual for any work week which is subject to garnishment may
not exceed the lesser of twenty-five percent (25%) of his disposable earnings
for that week, or the amount by which his disposable earnings for that week
exceed thirty (30) times the federal minimum hourly wage. For earnings for a
period other than a week, a multiple of the federal minimum hourly wage
equivalent in effect shall be used.
The portion of the defendant’s after tax wages that must be withheld is 5% of
the first $100 per month, 10% of the next $100.00 per month and 20% of all sums
in excess of $200.00 per month, or an equivalent portion of these amounts per
week. Wages and other compensation owed to the debtor for personal services
rendered by the debtor during the 31 days prior to a proceeding are exempt.
The maximum part of an individual’s disposable earnings for the work week
subject to garnishment may not exceed the lesser of:1. 25% of the disposable earnings; or
2. The amount of the disposable earnings that exceed 30 times the federal
minimum hourly wage.When the garnishee is the defendant’s employer, the continuing garnishment is
in effect until the judgment is satisfied and if the maximum is being withheld,
no additional garnishments can be served until that garnishment is satisfied.
Up 14. Illinois Wage Garnishment
The maximum part of an individual’s disposable earnings for the work week
that can be garnished is the greater of:1. 15% of the disposable earnings; or
2. 45 times the amounts stated in section 4 of the state’s Minimum Wage Act.
The maximum part of an individual’s aggregate disposable earnings for the
workweek that is subject to garnishment in Indiana is the lesser of:1. 25% of the disposable earnings; or
2. The amount of the disposable earnings that exceed 30 times the federal
minimum hourly wage.Note: A wage garnishment can be obtained after interrogatories are served and
completed and after a motion for proceeding supplemental is heard. Garnishments
filed in up Claims Court cases require a filing fee of approximately $15.00.
Indiana now recognizes Voluntary Wage Assignments, which are to be signed by the
debtor and the creditor, or the creditor’s attorney, and submitted to the
employer.
Garnishments last for seventy days. The maximum part of an individual’s
aggregate disposable earnings for the workweek that is subject to garnishment in
Indiana is the lesser of:1. 25% of the disposable earnings; or
2. The amount of the disposable earnings that exceed 40 times the federal
minimum hourly wage.There is a sliding scale per creditor (not per judgment) ranging from $250 to
10% of annual wages, depending on annual wages.
Public employees can be garnisheed.
The maximum part of an individual’s aggregate disposable earnings for the
workweek that is subject to garnishment in Indiana is the lesser of:1. 25% of the disposable earnings; or
2. The amount of the disposable earnings that exceed 30 times the federal
minimum hourly wage; or
3. The amount of plaintiff’s claim stated in the order for garnishment.Note: No creditor can issue more than one garnishment against the same debtor
during any 30-day period.
Controlled by KRS 425.506. After a 10-day waiting period from date of
judgment, a creditor may, using a pre-approved state form, file for wage
garnishment to be issued by the clerk of the court, and an order of garnishment
is then mailed to the garnishee employer. The employer has 20 days within which
to respond. If the garnishee employer fails to answer, it may be held liable to
the creditor for failing to honor the garnishment.
Wage garnishments create a continuous lien against a debtor’s wages, until
the debt is paid. KRS Chapter 427, which deals with exemptions, authorizes a
debtor to challenge garnished funds as exempt, and provides for a subsistence
allowance beyond which a plaintiff cannot garnish (generally 25% of the debtor’s
disposable earnings per week). Wage garnishments have priority according to the
date of service upon the employer.
19. Louisiana Wage Garnishment
Louisiana uses the federal wage garnishment guidelines. Wage garnishments are
effective immediately upon service of the garnishment on the employer. The amount
withheld is 25% of disposable income. 401K or other retirement funds are not
counted as disposable income. Deductions are to be withheld from every paycheck
and are remitted by the employer at least monthly. The Garnishment stays in
effect until the full balance due is paid, including all attorneys’ fees,
interest, court costs and so forth.
Garnishment is available:
1. After a judgment issues and a supplementary (Disclosure) hearing is held;
2. If the debtor fails to appear at the Disclosure hearing, a garnishment
order may issue for 25% of the debtors disposable earnings on a weekly basis or
the amount which the disposable weekly earnings exceed 40 times the federal
minimum wage, whichever is less (14 M.R.S.A. 3127 et seq,). The exemption on
wages is now $226.00 weekly;
3. If the judgment debtor fails to pay two installments after being ordered
to do so.
Disposable wages are defined as the amount of wages that remain after
mandatory deductions required by law, plus medical insurance payments. The
amount exempt is the greater of 75% of disposable wages, or $145 times the
number of weeks in which the wages were earned (in Caroline, Kent, Queen Anne’s
and Worcester 30 times the federal minimum hourly wages due under the Fair labor
Standards Act.) (Annotated Code of Maryland, Commercial Law Article Sec.
15-601.1) A judgment creditors report must be sent each month to the debtor and
employer.
22. Massachusetts Wage Garnishment
Wage attachments may be obtained by bringing an action under G.L. c. 246 for
trustee process, based on a judgment only, usually after unsuccessful
supplementary process proceedings. After service of the trustee process complaint upon the debtor, the creditor
must proceed by way of motion for permission to make the wage attachment. Writs
are ordinarily returnable to Court within thirty (30) days and must be served on
each payday by an officer. The writ commands the employer to withhold the wages, pending further order
of the court. The employer must file an Answer with the court under oath
regarding each service of the writ of attachment, specifying what, if anything,
the employer has withheld from the wages of the debtor.
After the creditor has attached all that he is able to, he must then return
to the court, with notice to the debtor, with a motion to “charge the trustee.”
After a ten-day appeal period, the Clerk’s Office will issue a trustee
execution, which must be served on the employer-trustee by an officer. The
execution directs the employer to hand the withheld funds over to the officer.
Federal statute limits withhold up to 25% of disposable earnings per week,
unless the debtor’s earnings are at or near the minimum wage, 15 USC 1673, in
which case no withholding is allowed.
Time Limit: Garnishment writ expires 91 days after issuance, MCR
3.101(B)(1)(a)(ii). A new writ must then be issued and served.
Stay of Wage Garnishment: Courts may grant the debtor an “installment payment
order,” MCL 600.6201, MCR 3. 104(A), which bars wage garnishment, provided that
the debtor pays as required by the order. Such an order does not prevent
garnishment of bank accounts or income tax refunds. MCL 600.6245, MCR 3.101(N).
Some courts nevertheless do not allow any garnishment while an installment
payment order is in effect.
24. Minnesota Wage Garnishment
Minnesota Statute 550.136 and 551.06 governs wage attachment. The maximum
part of an individual’s disposable earnings for a pay period that can be
garnished may not exceed the lesser of:1. 25% of the disposable earnings, or
2. The amount of the disposable earnings that exceed 40 times the federal
minimum hourly wage.The portion of the defendant’s earnings which are not subject to a wage
garnishment are also exempt from garnishment for 20 days after they have been
deposited in any financial institution, whether in a single or joint account.
The burden of establishing that funds are exempt rests on the defendant using
the first-in first-out accounting method.
25. Mississippi Wage Garnishment
The first 30 days’ wages after service of garnishment are exempt.
After 30 days, 75% of wages are exempt.
Employer may withhold and pay when total judgment is collected but must pay
at least once per year unless ordered otherwise.
Garnishments are paid in the order they are served. The first one served must
be paid in full before the second one can be paid.
Child support withholding orders are not considered garnishments; thus they
are paid regardless of priority. If a debt garnishment and child support
withholding order are pending at the same time, the amount to be withheld
pursuant to the child support order does not reduce the amount subject to the
debt garnishment.
The maximum amount that may be held from a person’s weekly wages, after
withholdings required by law, is the lesser of:1. 25% of the wages,
2. 10%, if the person is head of a family and a Missouri resident, or
3. The amount by which the weekly earnings exceed thirty times the federal
minimum hourly wage. Mo. Rev. Stat. §525.030.Note: Child support garnishment may be subject to a higher percentage of
deduction.
Up 27. Montana
Wage Garnishment
Montana Code Title 25, Chapter 13, and entitled ‘Execution of Judgment’
authorize wage attachment. There is no continuous garnishment for employees
provided by the Montana Legislature. The wage exemption statute is identical to
the Federal exemption statute and an execution writ is good for 60 days.
Up 28. Nebraska
Wage Garnishment
Although Nebraska allows wage garnishment it rejects the Federal exemptions.
1. Proceeds or interest from payments or settlements under the Worker’s
Compensation Act (Neb. Rev. Stat. §48-149), except for attorney’s fees approved
in writing by district court (Neb. Rev. Stat. §48-108);
2. Fraternal insurance benefits (Neb. Rev. Stat. §44-l072);
3. Certain wages; all proceeds, cash values and benefits accruing under any
annuity contract, policy or certificate or life insurance payable upon death of
insured to beneficiary other than estate of insured, or under any accident or
health insurance policy, to the extent of $10,000,00 (Neb. Rev. Stat. §44-371).
Up 29. Nevada
Wage Garnishment
Nevada applies its own statutory exemptions that are generally more liberal
than the Federal Exemptions. Nevada allows a wage garnishment of up to 25% of
the debtor’s disposable earnings. Child support garnishments take priority
regardless of when the levy was received. A wage garnishment is good for one
hundred and twenty days (120) from the date of service of the writ on the
employer.
30. New Hampshire Wage Garnishment
New Hampshire has a non-continuous wage attachment “on the books,” in RSA
512. The process is seldom employed due to severe restrictions on its use, the
cost, and the fact that many judges do not favor it and have discretion to
disapprove it.
The lien applies only to wages earned post-judgment. Under New Hampshire
procedural rules, seeking a garnishment would therefore require the filing of a
new lawsuit each time such an attachment is sought. The attachment only applies
to wages earned up to the date of service. In other words, there is no provision
for an ongoing garnishment.
There is an exemption for earnings up to 50 times the minimum wage. New
Hampshire does have a mechanism for establishing a court-supervised payment plan
under RSA 524. This creates no lien against earnings, and is enforceable through
contempt should the debtor default.
31. New Jersey Wage Garnishment
10% gross 25% of disposal earnings whichever is less but no execution on
gross wages of $154.50 or less a week (Source: 15 USC, 1671 et seq,: 29 C. F.
R., 5870; N.J.S.A. 2A: 17-50).
32. New Mexico Wage Garnishment
New Mexico Law provides for continuing wage garnishments. The employer must
withhold up to 25% of disposable earnings from each paycheck beginning on
service of the writ and continuing until the judgment is paid in full.
If previous garnishments are in effect when the writ is served, the earlier
writ(s) must be satisfied before withholding begins on the later writ. Up to 50%
of disposable wages is subject to a garnishment for child support, making
subsequent garnishments for debts ineffective.
Pre-judgment garnishment of wages is prohibited.
The maximum amount recoverable is ten percent (10%) of gross income, or the
federal maximum, whichever is less.
If the debtor is subject to garnishment for alimony, support or maintenance,
the combined garnishments cannot exceed twenty-five percent (25%) of disposable
earnings.
Income executions are prioritized by order of delivery to the Sheriff, but
garnishments for alimony support or maintenance always take priority.
The execution is a two-stage process. First, the sheriff serves the execution
on the debtor at his or her residence. If the debtor does not begin making
payments within twenty (20) days, the sheriff levies on the employer
34. North Carolina Wage Garnishment
Unless the debtor has substantial funds on deposit and no family dependent on
those funds for support, garnishment of wages is not generally helpful in
collecting other claims except:1. To enforce an order for child support (G. S. § 110-136),
2. To recover unpaid taxes (G. S. § 105- 242(8), 105-368, 106-9.4), and
3. To enforce a judgment for payment of medical services provided by a
“public” hospital (G. S. § 131E-49),Under G. S. § 1-362, the debtor’s earnings for personal services within 60
days prior to the order cannot be applied to the debt if it appears that the
earnings are necessary for the use of the debtor’s family. Further, future
earnings have been excluded from the scope of execution under Harris v. Hinson,
87 N.C. App. 148,360 S.E.2d 118 (1987).
35. North Dakota Wage Garnishment
The maximum part of an individual’s aggregate disposable earnings for the
work week that is subject to garnishment in North Dakota is the lesser of:1, 25% of the disposable earnings, or
2. The amount of the disposable earnings that exceed 40 times the federal
minimum hourly wage.Note: The maximum amount subject to garnishment must be reduced by $20.00 for
each dependent family member residing with the defendant.
Under O.R.C. §2716.02, any person seeking a post-judgment wage garnishment
must send a written demand to the judgment debtor at least 15 days and not more
than 45 days before seeking a garnishment order. Ordinary U.S. Mail with a
certificate of mailing may serve through the court; by certified U .S. Mail,
return receipt requested; or the demand. It must be sent to the judgment
debtor’s last known place of residence, and the demand must follow the form
specified in this statute.
O.R.C. §§2716.03 and 2716.05 specify the format for the garnishment motion,
order, and notice. O.R.C. §2716.03 further provides that there can be no wage
garnishment if the debt is subject to a debt scheduling agreement through a debt
counseling service, unless the debtor or the debt counseling service fails to
make payment for 45 days after the payment due date.
Under O.R.C. §2716.04, the garnishment order is a continuous order, requiring
the garnishee to withhold from the debtor’s earnings each pay period until the
judgment is paid in full.
Up to 25% of the debtor’s net disposable income may be garnished. However,
this order may be interrupted by the filing of a garnishment by another judgment
creditor, in which case:1. The first garnishment order shall remain in effect for 182 days, if the
subsequent garnishment is the same priority, or
2. The first garnishment order shall immediately cease to be in effect if the
subsequent garnishment is a higher priority, such as a child support order or
tax levy.
Oklahoma specifically authorizes Post-judgment wage attachment. 12 -1151 et
al.
Entry of judgment is a condition precedent to a wage attachment. 12 O.S. §
1151 (West 2000).
The judgment creditor has the option of a non-continuing wage attachment that
lasts one pay period, or a continuing wage attachment that lasts 180 days.
75% of the debtor’s wages are exempt from wage attachment 12 O.S. Sec. 1151.
Note: This 75% exemption could increase if the debtor establishes hardship.
Exemption is 75% of disposable earnings or 40 times the federal minimum
hourly wage. See the following statutory guidelines and limitations. ORS 29.125,
.145 and .225 and 23.175.
39. Pennsylvania Wage Garnishment (Non Garnishment State)
No wage attachment in this state except for taxes and child support.
The Pennsylvania Department of Revenue is authorized to garnish wages
without obtaining a court order for collection of unpaid state
taxes. The Department will first notify taxpayers of its intent to contact their
employers to begin withholding. If a taxpayer fails to resolve the tax
liability, the taxpayer’s employer will be ordered to begin garnishing wages and
make payments to the Commonwealth. Employers may retain up to 2% of the amount
collected to compensate for costs of additional bookkeeping.
40. Rhode Island Wage Garnishment
Under Rhode Island law, the maximum amount which can be legally withheld from
an employee’s wages by an employer is twenty-five (25%) percent of the
employee’s disposable earnings.
Disposable earnings are defined as the earnings of an individual after
deduction of taxes, social security and temporary disability contributions.
Individuals are exempt from attachment for one year if they have collected
social security or state assistance.
41. South Carolina Wage Garnishment (Non Garnishment State).
Wage attachment is prohibited in South Carolina. SCCLA 37 -5-104.
42. South Dakota Wage Garnishment
Post-judgment wage attachment is specifically authorized by SDCL 21-18-1.
20% of disposable earnings but only for a 60-day period and this 60-day
period can be renewed regularly.
Under SDCL 21-19-17, the earnings of the debtor that are immediately necessary
for the support of the debtor and his family are exempt from attachment. Examples
include money needed for rent, food, medical expenses, and clothing.
Aid, such as welfare, social security, and child support, are exempt from
attachment.
43. Tennessee Wage Garnishment
A debtor may obtain relief from garnishment by filing a “slow pay” motion,
supported by an affidavit of his or her existing debts.
While no specific statutory provision so requires, most judges require that a
debtor pay an amount sufficient to pay post-judgment interest and some portion
of the principal.
A debtor’s wages may be attached before judgment is rendered if the debtor
attempts to evade service of process.
44. Texas Wage Garnishment (Non Garnishment State)
Wages cannot be attached or garnished, except for child support.
Income that is not a wage can be garnished or ordered turned over to
a receiver.
Bank accounts, rents and royalties can be garnished.
Exemptions include social security benefits.
WARNING For individuals living in Texas who are paid from an out of
state location, there is case law (Baumgardner vs. Sou Pacific 177 S.W. 2d 317)
to support taking a judgment from Texas, domesticating the judgment in the
foreign state, then filing the wage garnishment there. Many creditors have used
this strategy successfully.
Wage garnishment is valid for 120 days.
The maximum part of an individual’s disposable earnings for the pay period
that is subject to garnishment is the lesser of:1. 25% of the disposable earnings for the pay period, or
2. The amount by which the disposable earnings exceed 30 times the federal
minimum hourly wage.
75% of debtor’s wages are exempt from attachment except for a consumer debt
and then 85% of the debtor’s wages are exempt.
If at the hearing a debtor can show his income is used for reasonable and
necessary living expenses for himself and that of his legal dependants, his
income may be exempt.
If an order to garnish is obtained, it continues until the judgment is paid
in full or his employment is terminated.
Virginia uses the federal wage exemption.
The maximum part of disposable earnings of an individual for any workweek
which is subjected to garnishment may not exceed the lesser of;1. 25% of disposable earnings for that week, or
2. The amount by which his disposable earnings for that week exceed thirty
(30) times the federal minimum wage.
48. Virgin Islands Wage Garnishment
Garnishment is subject to ten percent (10%) or so much of gross wages as
exceeds $30 due or to become due to judgment debtor from employer-garnishee for
any weekly pay period, or its equivalent for any pay period of different
duration.
The above percentage limitation does not apply in case of execution of
judgment, order or decree of any court for payment of any sum for support or
maintenance of a person’s spouse, former spouse, or children, and such
execution, judgment, order or decree will, in the discretion of the court, have
priority over any other levy against judgment debtor’s wages.
In case of execution upon judgment, order or decree for payment of such sum
for support of maintenance, limitation will be fifty percent (50%) of gross
wages due or to become due to any person per pay period or periods ending in any
calendar month. (Title 5, Section 522, Virgin Islands Code).
49. Washington Wage Garnishment
Garnishment is allowed under RCW 6.27.005. It is limited to greater of 25% of
disposable earnings or thirty times the federal minimum wage. RCW 6.27.150 and
6.27.010
50. West Virginia Wage Garnishment
Wage attachment is permitted in West Virginia through use of a suggestee
execution. A suggestee execution is an order issued by the clerk directing the
judgment debtor’s employer to withhold a portion of the debtor’s wages and pay
them over to the creditor.
The creditor must have a valid judgment and must sign an affidavit
establishing that the debtor’s disposable income exceeds 30 times the federal
minimum wage after deduction of state and federal taxes, See West Virginia Code
§§ 38-5A-l to 13; 38-5B-l to 16.
West Virginia law also allows judgment creditors to file a suggestion of
personal property, a writ of execution and a judgment lien creditor’s action.
51. Wisconsin Wage Garnishment
Wage garnishment actions are considered separate actions under Wisconsin
Statute, requiring the payment of a filing fee and issuance of the earnings
garnishment notice to the employer and employee, which can be accomplished by
first class mail.
Upon issuance of the earnings garnishment, the garnishment will remain in
effect for a period of 13 weeks. At the end of this time period, a new
garnishment action must be commenced, unless the previous garnishment was
voluntarily extended.
Typically, 20% of a debtor’s net earnings after withholding taxes and Social
Security can be taken by a creditor. A debtor does have the right to assert
various exemptions to the garnishment, including income below the Federal
Poverty Guidelines, eligibility to receive foods stamps or medical assistance,
or court-ordered assignments of child support that exceed 25% of the debtor’s
wages.
Section 1-15-408: A writ of post judgment garnishment shall attach to the
lesser of twenty-five percent (25%) of 8disposable earnings, or that amount of
disposable earnings which exceeds thirty (30) times the federal minimum hourly
wage.
Section 1-15-502: Garnishment (upon the wages of the defendant) shall be a
lien and continuous levy against earnings due until ninety [90) days has expired
or until the writ is dismissed.
Section 1-15-504: When more than one (1) writ of continuing garnishment has
been issued against the earnings due the same judgment debtor, the garnishment
shall be satisfied in the order of service on the garnishee.
