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Definition
Wage garnishment is a legal process by which a creditor — after winning a court judgment — directs your employer to withhold a portion of each paycheck to satisfy the debt.
No creditor can garnish wages without first obtaining a court judgment (exceptions include support orders such as child support, which can be issued under an administrative procedure, tax levies, and federal student-loan collection, which can use administrative wage garnishment). Federal law (Consumer Credit Protection Act) caps private creditor garnishment at
25% of disposable earnings or the amount above 30× the federal minimum wage ($217.50/week in 2026), whichever is lower. States can provide stronger protections: Texas bars garnishment of current wages except for listed obligations (Tex. Const. art. XVI, § 28), and North Carolina protects earnings needed to support the debtor's family (G.S. 1-362). Bank account garnishment (bank levy) works similarly — post-judgment creditors can seize funds directly from checking or savings accounts.
Also Known As
wage garnishment
earnings garnishment
bank levy
wage attachment
judgment garnishment
Used in Context
- After the credit card company won a default judgment in Texas, the garnishment notice was invalid — Texas law exempts wages from private creditor garnishment entirely, under the Texas Constitution (art. XVI, § 28).
- The debt settlement company advised enrolling before the creditor obtained a court judgment, because a judgment would enable garnishment — making the situation significantly harder to resolve.
- California allows private creditors to garnish at most 20% of disposable earnings (Cal. Civ. Proc. Code § 706.050).
Related Terms
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