How Much of Your Paycheck Can Be Garnished?

Wage garnishment can be a financial burden, making it difficult to cover your essential living expenses. If you have unpaid debts, creditors may seek to collect by garnishing a portion of your paycheck. However, federal and state laws place limits on how much can be taken from your earnings.

At The Law Firm of Marshall A. Entelisano, we help individuals understand their rights when facing wage garnishment and explore legal solutions to reduce or eliminate it.

What Is Wage Garnishment?

Wage garnishment is a legal process where a portion of your paycheck is withheld by your employer and sent directly to a creditor to satisfy a debt. This can occur for various reasons, including unpaid taxes, child support, student loans, or court-ordered judgments.

Federal Limits on Wage Garnishment

Under federal law, the amount that can be garnished from your wages depends on the type of debt. The Consumer Credit Protection Act (CCPA) sets maximum limits to ensure that employees retain a portion of their earnings.

General Debt Garnishment (Credit Cards, Personal Loans, Medical Bills)

For most consumer debts, federal law limits wage garnishment to:

• Up to 25% of your disposable earnings (after required deductions) or
• The amount by which your weekly wages exceed 30 times the federal minimum wage, whichever is less.

Child Support and Alimony

• If you support another child or spouse, up to 50% of your disposable income can be garnished.
• If you do not support another child or spouse, up to 60% of your wages can be garnished.
• If you are more than 12 weeks behind on payments, an additional 5% can be taken.

Unpaid Taxes

• The IRS determines garnishment amounts based on your income, filing status, and dependents.
• Unlike other creditors, the IRS does not need a court order to garnish wages.

Student Loans

• Defaulted federal student loans can result in garnishment of up to 15% of your disposable earnings.

State Laws and Wage Garnishment

In addition to federal limits, many states have stricter laws that further reduce the amount creditors can take from your paycheck. Some states prohibit wage garnishment for certain types of debts. If you are facing wage garnishment, it is essential to understand the specific laws in your state.

How to Stop or Reduce Wage Garnishment

If you are struggling with wage garnishment, there are legal options available to protect your income:

• Negotiate with Creditors – Some creditors may be willing to set up a repayment plan instead of garnishing wages.
• File an Exemption Claim – If garnishment creates financial hardship, you may be able to request a reduction or exemption.
• Challenge the Garnishment – If the garnishment was issued improperly, you may be able to contest it in court.
• File for Bankruptcy – Filing for bankruptcy can stop wage garnishment through an automatic stay, depending on the type of debt.

Contact Our Wage Garnishment Lawyers

If you're facing wage garnishment or need assistance with debt management, The Law Firm of Marshall A. Entelisano in Tuscaloosa, AL is here to help. Our experienced attorneys specialize in bankruptcy and can provide the guidance you need to protect your earnings and navigate complex garnishment laws. Contact us today to learn more about our services and how we can assist you in achieving financial stability. Don't let garnishment overwhelm you—reach out to our team for professional support and solutions.

Speak with a trustworthy and experienced Tuscaloosa wage garnishment attorney in a free, no-obligation consultation. Schedule yours at The Law Firm of Marshall A. Entelisano by calling (659) 336-2597 or reaching out online.