If I have my wages garnished from a credit card debt judgement, how much can be taken?

UPDATED: Jan 4, 2012

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If I have my wages garnished from a credit card debt judgement, how much can be taken?

I am expecting a case judgement against me. Will they take my other bills into consideration?

Asked on January 4, 2012 under Bankruptcy Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There are a very few states (e.g. Texas) which do not allow any wage garnishment; a few other states provide stricter-than-normal limits on how much can be garnished. In the majority of states, however, you can have 25% of your disposable income garnished. For this purpose, "disposable income" does not consider your bills, such as rent, mortgage, car, utilities, etc.; all that is considered is mandatory withholding, like FICA. In practice, this means that around 25% of around 96 - 97% of your income could be garnished.

There is limitation: in most states, your income may only be garnished to the extent your weekly income exceeds 30 times the minimum wage (currently $7.25). If you earn only a bit more than minimum, only a small fraction of your wages can be garnished.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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