A writ of continuing garnishment is a court order that forces a third party, usually your employer or your bank, to withhold money from your pay or accounts on a recurring basis and send it to a creditor who has won a judgment against you. Federal law caps ordinary wage withholding at the lesser of 25% of your disposable earnings or the amount by which your weekly disposable earnings exceed $217.50. Child support, federal taxes, and defaulted student loans follow their own rules and can take considerably more.
What the Writ Actually Orders
The writ names a third party — the “garnishee” — and tells them to hold or hand over property belonging to you. In most cases the garnishee is an employer withholding from wages, or a bank holding funds on deposit. The court describes garnishment as the seizure or attachment of a debtor’s property in the possession or control of someone else.1U.S. Marshals Service. Writ of Garnishment
The word “continuing” is what sets this writ apart from a one-time levy. A levy grabs whatever is sitting in the account on a single day. A continuing writ keeps working, pay period after pay period, until the judgment is fully paid or the writ expires. It covers the original judgment plus any interest and collection costs the court has authorized, and it operates as a lien on your future nonexempt earnings.2Consumer Financial Protection Bureau. Can a Debt Collector Take or Garnish My Wages or Benefits
What a Creditor Must Do First
A creditor cannot skip to garnishment. They have to sue you, win, and obtain a final money judgment stating the specific amount you owe.3Office of the Law Revision Counsel. 28 US Code 3205 – Garnishment Only after that judgment exists can the creditor apply to the court clerk for a writ, identify the garnishee, and arrange for service. You, the debtor, must also receive notice of the garnishment action.
Two important exceptions sit outside this framework. The IRS can levy wages and bank accounts for unpaid taxes without a court order. The Department of Education can garnish up to 15% of disposable pay for defaulted federal student loans through an administrative process. Both agencies operate under their own statutory authority rather than a traditional writ.
How Much Can Be Taken From Your Paycheck
The Consumer Credit Protection Act sets a ceiling on how much of your wages can be garnished for ordinary consumer debts like credit cards and medical bills. The CCPA applies in all 50 states, the District of Columbia, and all U.S. territories.4U.S. Department of Labor. Fact Sheet 30 – Wage Garnishment Protections of the Consumer Credit Protection Act
The math runs off your “disposable earnings,” which is what remains after legally required deductions: federal, state, and local taxes, Social Security, Medicare, and any state unemployment insurance tax.5Office of the Law Revision Counsel. 15 US Code 1672 – Definitions Voluntary deductions do not reduce the number. Health insurance premiums, 401(k) contributions, and union dues are still treated as part of your disposable earnings for garnishment purposes.
For ordinary debts, the creditor gets the lesser of these two amounts each week:6Office of the Law Revision Counsel. 15 US Code 1673 – Restriction on Garnishment
- 25% of your weekly disposable earnings, or
- the amount by which your weekly disposable earnings exceed 30 times the federal minimum wage of $7.25 per hour, which works out to $217.50 per week.7U.S. Department of Labor. State Minimum Wage Laws
What that means in practice: if your weekly disposable earnings are $217.50 or less, nothing can be taken for an ordinary debt. Between $217.50 and $290.00, the creditor gets only the dollars above $217.50. Above $290.00, the flat 25% rule applies. Your state may have its own, more protective rules. When state law caps garnishment lower or protects a bigger floor, the creditor must follow whichever rule leaves more money with you.4U.S. Department of Labor. Fact Sheet 30 – Wage Garnishment Protections of the Consumer Credit Protection Act
Higher Limits for Child Support and Federal Debts
The 25% cap does not apply to support obligations. For child support and alimony, the CCPA allows:6Office of the Law Revision Counsel. 15 US Code 1673 – Restriction on Garnishment
- up to 50% of disposable earnings if you are currently supporting another spouse or dependent child,
- up to 60% if you are not, and
- an additional 5% on top of either figure if you are more than 12 weeks behind.
The ceiling for support arrears can reach 65% of disposable earnings. Defaulted federal student loans go through administrative wage garnishment capped at 15% of disposable pay, and before withholding begins you receive a notice and have 30 days to request a hearing or enter a loan rehabilitation agreement. The IRS operates under its own levy rules, with its own exempt amount, and does not need a court judgment.
Income That Cannot Be Garnished
Several federal benefits are generally off-limits to most creditors:2Consumer Financial Protection Bureau. Can a Debt Collector Take or Garnish My Wages or Benefits
- Social Security benefits
- Supplemental Security Income (SSI)
- Veterans’ benefits
- Federal Railroad retirement, unemployment, and sickness benefits
- Civil Service Retirement and Federal Employee Retirement System payments
State law commonly adds more, often covering unemployment benefits, workers’ compensation, and public assistance.
How Bank Account Protection Works
Protected benefits keep their exempt status after they land in your account. When a bank or credit union receives a garnishment order, it must look back two months and identify any federal benefit payments that were directly deposited during that window.8eCFR. 31 CFR Part 212 – Garnishment of Accounts Containing Federal Benefit Payments The bank then calculates a “protected amount” equal to the total of those deposits (or the current balance, whichever is lower) and must leave you full access to that money. You do not have to file a claim or paperwork; the protection is automatic.9NCUA. Garnishment of Accounts Containing Federal Benefit Payments Anything in the account above the protected amount can still be frozen and sent to the creditor. If the bank charges a processing fee for handling the garnishment, that fee cannot be taken from the protected funds.
When More Than One Garnishment Is Running
The CCPA’s percentages are total caps, not caps per creditor. If two writs reach your employer, the combined withholding still cannot exceed the maximum federal limit.4U.S. Department of Labor. Fact Sheet 30 – Wage Garnishment Protections of the Consumer Credit Protection Act The CCPA does not decide who gets paid first. That priority question is set by state law or by the court that issued each order.
In practice, a second creditor often gets nothing until the first is satisfied. If 50% of your disposable earnings are already being withheld for child support, there is no room left under the 25% ordinary-debt cap, so the second writ waits in line.
One job protection also narrows when more than one garnishment is active. Federal law forbids an employer from firing you because your wages are being garnished for a single debt, and a violation carries a fine of up to $1,000, up to one year in prison, or both.10Office of the Law Revision Counsel. 15 US Code 1674 – Restriction on Discharge From Employment by Reason of Garnishment The protection covers only one debt. If your wages are being garnished for two or more separate debts, this federal shield no longer applies.
How to Object or Reduce the Amount
You have the right to challenge a writ of continuing garnishment by filing an objection with the court. Deadlines are short, often 5 to 15 days from the date you receive the garnishment papers, depending on the jurisdiction. The notice itself usually includes a form, commonly called a Claim of Exemption, that you can use.
An objection generally argues one of two things: the money being taken comes from an exempt source like Social Security, or the amount withheld exceeds what the law allows. Filing a claim triggers a hearing, and documentation decides it. Pay stubs, benefit award letters, and bank statements showing direct deposits from exempt sources carry the weight. Assertions without paperwork rarely win.
Hardship Claims
Some jurisdictions let you argue that even a legal garnishment amount creates an undue hardship for your family. These claims typically require showing that your income goes to basic living necessities for dependents who rely on you. You will need an itemized breakdown of income and expenses — rent, utilities, food, transportation — with proof for each line. Courts weighing hardship focus narrowly on essential expenses, and other debts you owe to creditors without judgments generally will not factor in.
How to Stop a Garnishment
Paying the judgment in full, including authorized interest and costs, ends the garnishment immediately. For most people, that is not realistic, which is why several other options matter.
Filing for bankruptcy triggers an “automatic stay” that halts most collection actions, including wage garnishment, the moment the petition is filed.11Office of the Law Revision Counsel. 11 US Code 362 – Automatic Stay Domestic support obligations are an exception; child support garnishments continue even during bankruptcy. The stay lasts for the duration of the case, and what happens to the underlying debt depends on the type of bankruptcy and whether the debt is dischargeable.
Negotiating directly with the creditor is another path. Some creditors will accept a voluntary payment plan and ask the court to release the garnishment if you can show consistent payments. The approach that tends to work is a realistic repayment proposal, not a request to simply back off. A creditor already collecting through garnishment has little reason to give it up unless the alternative pays them at least as well.
A number of states also allow a motion to reduce the garnishment amount based on changed financial circumstances, even after the initial objection deadline has passed. The process varies widely, so check your state’s rules or contact a local legal aid office if your finances have gotten worse since the writ took effect.