Wage Garnishment Limitations

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The garnishment of an debtor's wages is usually limited in part by two things:

(1) State restrictions (or even total prohibitions in some states) on the garnishment of a debtor's wages; and
(2) Federal restrictions in the form of the Federal Wage Garnishment Law (FWGL), as found at 15 U.S.C. ยง 1671, et seq.

Importantly, the state restrictions on garnishment can be more protective of the debtor's wages than that of the FWGL, but if they are less protective then the FWGL instead applies, i.e., a debtor's wages can never be garnished in an amount greater than what the FWGL allows.

Garnishment Limits Opinions