Wage garnishment is a court-ordered process that lets a creditor collect an unpaid debt directly from your paycheck. For most consumer debts, a creditor has to sue you and win a judgment first — they can't simply start garnishing your wages on their own.
The steps that come before garnishment
- The creditor files a lawsuit and formally notifies you — never ignore paperwork claiming you're being sued over a debt.
- If the court rules against you (including by default if you don't respond), the creditor gets a judgment.
- The creditor then requests a garnishment order, which is sent to your employer.
Some debts skip the lawsuit step
Federal student loans, unpaid taxes, and child support can be garnished without a court judgment through separate administrative processes with their own rules.
How much of your paycheck is protected
Federal law caps most consumer debt garnishments at the lesser of 25% of your disposable earnings or the amount by which your weekly pay exceeds 30 times the federal minimum wage. Many states set even stricter limits, and some protect certain types of income entirely, like Social Security.
