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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 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.


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