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. § 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

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