Garnishment Laws — State-by-State refer to the legal statutes and regulations that determine how creditors in the United States can collect money owed to them from debtors. These laws vary from state to state, with some states having stricter regulations than others. Generally, garnishment laws allow creditors to take a portion of a debtor's wages, bank accounts, or other sources of income to pay the debt. Some states may also allow creditors to seize property or assets to satisfy debts owed. The two main types of garnishment laws — State-by-State are wage garnishment and bank account garnishment. Wage garnishment is the process of withholding a portion of a debtor’s wages to pay off a debt. It is important to note that there are limits on how much a creditor can garnish from a debtor’s wages. Bank account garnishment is the process of a creditor taking money from a debtor’s bank account to pay off a debt. This type of garnishment is typically limited to the amount of money in the debtor’s account at the time of the garnishment. Overall, garnishment laws — State-by-State are designed to protect debtors from aggressive creditors while ensuring that creditors are able to collect money owed to them.
Garnishment Laws - State-by-State
Description Garnish Wages
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Non Garnishment States Other Form Names
FAQ
Bank garnishment is legal in all 50 states. However, four states prohibit wage garnishment for consumer debts. ing to Debt.org, those states are Texas, South Carolina, Pennsylvania, and North Carolina.
In Florida, bank account garnishment is authorized by Chapter 77 of the Florida Statutes. Under Section 77.03, a judgment creditor can request that a court issue a writ of garnishment. Once issued, the creditor serves the bank with the garnishment.
States that prohibit wage garnishment for consumer debt: North Carolina. Pennsylvania. South Carolina. Texas.
A wage garnishment is a legal procedure where a portion of a person's earnings is required to be withheld by an employer for the payment of a debt. In general, a creditor in Hawaii may garnish up to 25% of the disposable earnings.
The Debt Collection Improvement Act authorizes federal agencies or collection agencies under contract with them to garnish up to 15% of disposable earnings to repay defaulted debts owed to the U.S. government.
With few exceptions, all wages are fully protected from garnishment in North Carolina, Pennsylvania, South Carolina, and Texas. Judgment creditors may seek to evade these protections by serving the wage garnishment order on the consumer's employer's office in another state.
Federal law gives states the option of protecting a larger portion of a debtor's paycheck. State law protections include 4 states (North Carolina, Pennsylvania, South Carolina, and Texas) that ban wage garnishment for consumer debts.