Summary of State Garnishment Exemptions
– Wage Garnishment, the legal process by which a creditor obtains a payment directly from the debtor’s employer, is governed by both Federal and State laws. In cases where the state and federal laws differ, the larger garnishment exemption applies.
– Under Title III of the Consumer Commercial Protection Act (CCPA,) the federal garnishment exemption is either 75% of the employee’s disposable income, or 30 times the current federal minimum wage – whichever is larger. For child support garnishments, the exemption is reduced to 35%-50%, depending on the circumstances. These restrictions don’t apply to federal and state tax garnishments.
– Disposable income refers to an employee’s take-home pay after legally required deductions (such as income, Social Security and Medicare taxes).
Below is a table with each a summary for each US state’s garnishment exemptions:
State | Amount of Wages Exempt from Wage Garnishment |
---|---|
Alabama | 75% of all wages |
Alaska | 75% of weekly net income, or $402.50 (whichever is greater) |
Arizona | Federal Law |
Arkansas | $500 if the head of household; $200 if single |
California | Federal Law, with exemptions for livelihood necessities |
Colorado | Federal Law |
Connecticut | Federal Law |
Delaware | 85% of disposable earnings, or disposable earnings minus $127.50 weekly (whichever is greater) |
Florida | 100% if the head of household |
Georgia | Federal Law |
Hawaii | 95% of 1st $100, %90 of 2nd $100, %80 of remainder |
Idaho | Federal Law |
Illinois | 15% of gross wages or disposable earnings, or up to 45 times the federal minimum wage (whichever is greater) |
Indiana | Federal Law |
Iowa | Federal Law |
Kansas | Federal Law |
Kentucky | 25% of disposable income, or 30 times the federal minimum wage (whichever is less) |
Louisiana | Federal Law |
Maine | 75% of disposable income or 40 times federal minimum wage (whichever is less) |
Maryland | 75% of disposable income or $145 per week (whichever is greater.) Additional exceptions for certain counties. |
Massachusetts | $125 per week |
Michigan | Federal Law |
Minnesota | 75% or 40 times the federal minimum wage (whichever is greater) |
Montana | Federal Law |
Mississippi | Federal Law |
Missouri | 75% for single person without dependent (90% of week’s net pay if the head of household) |
Nebraska | 75% of disposable earnings (85% if head of household) or 30 times federal minimum wage |
Nevada | Federal Law |
New Hampshire | 50 times federal minimum wage. Court can’t issue ongoing order. |
New Jersey | $154.54 per week minimum exemption. 10% of earnings over $154.50 |
New Mexico | 75% or 40 times federal minimum wage |
New York | 90% of earnings, first $154.50 entirely exempt if a minimum wage earner |
North Carolina | 100% of last 60 days pay. |
North Dakota | $20 for each dependent, then 75% or 40 times federal minimum wage (whichever is greater) |
Ohio | Federal Law |
Oklahoma | 75% of earnings, more if hardship proven |
Oregon | 75% of earnings above minimum wage |
Pennsylvania | 100% of wages |
Rhode Island | Federal Law |
South Carolina | 100% of wages |
South Dakota | 20% of disposable income |
Tennessee | $2.50 per week per dependent child |
Texas | 100% of wages |
Utah | $142.50 of disposable earnings |
Vermont | 75% of earnings above minimum wage, some necessity exemptions (85% if head of household) |
Virginia | Federal Law |
Washington | 75% or $206 per week |
Washington D.C. | Federal Law. Government employees not subject to garnishment. |
West Virginia | 20% of disposable income or 30 times minimum wage (whichever is less). Other exemptions available. |
Wisconsin | 80% of net pay |
Wyoming | Federal Law. Up to 65% for child support |