Garnishment rules depend on the type of debt, your income, and your state. Use this guide to understand the process, then confirm your situation with legal aid, a licensed attorney, or your court.
How garnishment starts
Wage garnishment is a court-ordered process that requires your employer to withhold part of your pay and send it to a creditor. A bank levy works the same way with money in a bank account. For ordinary consumer debts such as credit cards, medical bills, and personal loans, a creditor usually needs a court judgment first. CFPB (opens in a new tab)
Collection begins
A collector contacts you and sends a validation notice. You can dispute in writing within 30 days.
Lawsuit filed
You are served a summons and complaint with a deadline to respond.
Response deadline
File an answer by the date on the summons. Many states allow 14 to 30 days.
Judgment
The court decides the case. If you never respond, it can enter a default judgment.
Garnishment order
With a judgment, the creditor can ask the court to garnish wages or levy a bank account.
Exemption claim
You can claim protections under federal and state law. Deadlines are short.
Some government debts, such as taxes, child support, and defaulted federal student loans, can be collected without a lawsuit. Different limits apply to them.
Debt collection lawsuits
Most garnishments begin with a lawsuit. The papers you receive, the summons and complaint, name the court, the party suing you, the amount claimed, and your deadline to respond.
- The party suing you is often a debt buyer that purchased the account from the original creditor.
- Responding to the lawsuit does not mean you agree you owe the amount claimed.
- Federal rules bar debt collectors from suing, or threatening to sue, on a debt that is past your state's statute of limitations. CFPB advisory opinion (opens in a new tab)
Default judgments
If you do not file a response by the deadline, the court can enter a default judgment. The creditor wins without the court hearing your side. A judgment can include interest, court costs, and fees, and it opens the door to garnishment and bank levies. CFPB (opens in a new tab)
Some states let you ask the court to set aside a default judgment, for example if you were never properly served. These requests have strict time limits. If you have a default judgment, contact legal aid promptly.
Federal protections
The federal Consumer Credit Protection Act (CCPA), Title III, sets the minimum protection for workers in every state. U.S. Department of Labor, Fact Sheet #30 (opens in a new tab)
| Weekly disposable earnings | Maximum that can be garnished |
|---|---|
| $217.50 or less | Nothing |
| More than $217.50 and less than $290 | Only the amount above $217.50 |
| $290 or more | Up to 25% of disposable earnings |
Disposable earnings are what remains after legally required deductions such as federal, state, and local taxes and Social Security. Dollar figures are based on the $7.25 federal minimum wage (30 times $7.25 equals $217.50).
- Job protection. Your employer cannot fire you because your earnings are garnished for any one debt.
- Different rules for some debts. Child support and alimony can take up to 50% to 65% of disposable earnings. Federal agencies can garnish up to 15% for defaulted federal debts, including federal student loans. Tax debts and certain bankruptcy orders are not subject to the general limit.
Protected federal benefits
Private creditors generally cannot take most federal benefits, including Social Security, SSI, and VA benefits. When a bank receives a garnishment order, it must review your account and protect up to two months of federal benefits that were directly deposited. CFPB (opens in a new tab)
- Automatic bank protection applies to benefits paid by direct deposit. If you receive benefits by check, you may need to claim the exemption yourself.
- Some benefits can be taken for taxes, federal student loans, or child support. SSI remains protected in those cases.
- Money in your account above the protected amount may be frozen and turned over.
State rules
Federal law
Sets the floor everywhere
- 25% cap and $217.50 weekly floor
- Protection from being fired over one garnishment
- Bank protection for directly deposited federal benefits
Your state
May protect more
- A lower percentage limit, or a higher protected amount
- Exemptions for heads of household or low-income workers
- Protection for money in bank accounts
- Its own forms, notice rules, and deadlines for claiming exemptions
When federal and state law both apply, the rule that protects more of your pay generally controls. To learn your state's rules, check your state court's self-help pages or a legal aid guide for your state. Find your state court (opens in a new tab) · LawHelp.org (opens in a new tab)
Options for responding
The right step depends on where you are in the process. These are common options. They are not recommendations for your specific case.
Official sources
- Fact Sheet #30: Wage garnishment protections of the CCPA (opens in a new tab) U.S. Department of Labor
- Wage garnishment (opens in a new tab) U.S. Department of Labor
- Can a debt collector take or garnish my wages or benefits? (opens in a new tab) Consumer Financial Protection Bureau
- Can a debt collector take my Social Security or VA benefits? (opens in a new tab) Consumer Financial Protection Bureau
- What should I do if I'm sued by a debt collector or creditor? (opens in a new tab) Consumer Financial Protection Bureau
- Advisory opinion: suits on time-barred debt (opens in a new tab) Consumer Financial Protection Bureau
Last reviewed October 12, 2026. Federal figures from the U.S. Department of Labor and the CFPB.