Wage garnishment exemptions

Wage garnishment exemptions are the pay and benefits the law keeps out of a creditor’s reach. A creditor with a judgment takes no more than 25% of disposable pay and pay of $217.50 a week or less is off limits, per the Department of Labor. If your state protects more, the state rule applies instead.

Benefits that are safe

A collector must sue and win before it can reach Social Security or VA benefits and even then most of the money is protected. The CFPB lists the protected payments:

• Social Security and SSI.
• Veterans benefits.
• Civil service and federal retirement and disability.
• Railroad retirement benefits.

In your bank account, two months of these deposits must be left untouched. The IRS and child support are the exceptions; see Social Security garnishment.

State wage garnishment exemptions, including head of family

• Texas lists current wages as exempt, along with benefits and retirement accounts, per Texas Law Help. Support, taxes and student loans are not covered by that rule.
• Florida exempts all pay of a head of family up to $750 a week under § 222.11. Pay above that is exempt unless you agreed in writing.
• Pennsylvania and North Carolina also shield wages from most card and hospital judgments.

Each state page lists its own rule, for example Texas and Florida.

How to file the claim

1. Call us with your papers, so we can tell you which exemption fits.
2. Get the form named on your papers from the court clerk or website.
3. Attach proof such as pay stubs, a benefit letter and bank statements.
4. File it before the deadline and send a copy as the form says.

In some states the creditor then has only 10 days to respond, per a state court guide. The calculator shows the protected amount on your check.