LawyerLandLegal Glossary

Wage Garnishment

A legal order requiring an employer to withhold part of someone's pay and send it to a creditor.

Informational only - this is not legal advice. These definitions explain general legal vocabulary in plain English. They are not advice about your situation, reading them creates no attorney-client relationship, and the law differs from state to state and changes over time. For advice you can rely on, speak to a lawyer licensed in your state.

What it means

Wage garnishment is enforcement of a debt directly against earnings: the employer is ordered to withhold a portion of the employee's pay and remit it to a creditor. For most ordinary consumer debts a creditor has to sue and obtain a judgment first, so a garnishment usually means a court case has already concluded - occasionally one the debtor did not realise had been filed.

Some debts do not follow that route. Child support, defaulted federal student loans and certain federal tax debts can be collected through administrative processes with different rules and different limits.

Federal law caps how much of a person's pay can be taken and protects the employee from being fired because of a single debt garnishment; states may protect more, and the more protective rule applies. Limits for support obligations are set separately and are higher.

Where this comes from

15 U.S.C. § 1673 limits garnishment of disposable earnings for ordinary debts, and 15 U.S.C. § 1674 prohibits discharge from employment because earnings were garnished for one indebtedness. State exemption statutes may protect more of a person's pay than the federal floor requires.

When people hire a lawyer for this

Two things are worth checking promptly: whether the underlying judgment was validly obtained and served, and whether the amount being withheld exceeds what the law permits once state protections are applied. Both have limited windows in which they can be challenged.

Law firms listed in this practice area

These directory pages each list at least one currently published law firm. The list is generated when this page loads, so a page whose listings have lapsed drops out rather than becoming a dead link.

« All glossary terms

Part of the LawyerLand plain-English legal glossary. Definitions are written from primary sources - statutes and court rules - and each entry states the authority it rests on, or says plainly when the doctrine is state law with no national rule.