Guide
How Much of a Paycheck Can Be Garnished for a Small Claims Judgment?
Federal law caps wage garnishment at 25% of take-home pay; Pennsylvania and North Carolina bar it, and Washington limits it to 20%. Rules for eight states.
Last reviewed: 2026-10-12
Winning a small claims judgment doesn't automatically let you take money from the other side's paycheck. Whether a creditor can garnish wages for an ordinary judgment, and how much, depends on the state: two of the eight states this site tracks bar it almost entirely, one exempts a whole class of debtors, and the rest cap it at a share of take-home pay.
The federal ceiling every state starts from
Federal law sets the national maximum. Under the Consumer Credit Protection Act, 15 U.S.C. §1673, the most that can be garnished from a paycheck for an ordinary judgment is the lesser of two amounts: 25% of disposable earnings for the pay period, or the amount by which disposable earnings exceed 30 times the federal minimum hourly wage ($7.25) for that period. For a weekly paycheck, 30 × $7.25 is $217.50, so no weekly paycheck is touched below that line. A state can protect more of a paycheck than this, but not less.
Disposable earnings, in the calculator this site runs, means take-home pay rather than gross pay. New York and New Jersey are the exceptions: each sets a cap against gross earnings.
Three states that bar or nearly bar garnishment
- Pennsylvania. Under 42 Pa. C.S. §8127, wages are entirely exempt from garnishment for ordinary civil judgments such as credit card, medical, personal-loan or damages debt. The exception is a landlord's judgment for residential rent, which can garnish up to 10% of net wages per pay period, further capped so it can't push net income below the federal poverty guideline.
- North Carolina. Under N.C. Gen. Stat. §1-362, an ordinary civil judgment creditor can't garnish wages in practice. The statute's literal text is narrower, a fact-specific exemption for earnings within 60 days shown necessary for family support, but courts apply it broadly, per the code's own note.
- Florida. Under Fla. Stat. §222.11, a head-of-family debtor's disposable earnings are entirely exempt from an ordinary judgment, with no dollar cap, unless a written waiver was signed. A debtor without head-of-family status falls back to the federal formula.
States with their own formula
| State | What can be garnished from an ordinary judgment | Source |
|---|---|---|
| California | The lesser of 20% of disposable earnings, or 40% of the amount exceeding 48 × the $16.90 state minimum wage for the pay period | Cal. Code Civ. Proc. §706.050 |
| New York | The lesser of 10% of gross earnings or 25% of disposable earnings; nothing at all in a week disposable earnings don't exceed 30 × the applicable minimum wage | N.Y. C.P.L.R. §5231 |
| New Jersey | 10% of gross earnings if household income is at or below 250% of the federal poverty guideline; the federal formula above that | N.J. Stat. §2A:17-56 |
| Washington | The state protects the greater of 35 × the $17.13 state minimum wage or 80% of disposable earnings, so at most 20% is exposed | RCW 6.27.150(4) |
| Michigan | The federal formula applies as-is; MCL 600.4012 governs procedure, not the dollar limit | MCL §600.4012, 15 U.S.C. §1673 |
Michigan, and Florida for a debtor without head-of-family status, simply use the federal formula.
One weekly paycheck, five answers
The same paycheck lands very differently across these states. Take a worker with $800 of weekly disposable earnings and $1,000 of weekly gross pay, and apply each state's formula from the table above. This is arithmetic for illustration, not a prediction for any real case.
- Federal formula (Michigan, or Florida without head-of-family status): 25% of $800 is $200, and the amount over $217.50 is $582.50. The lesser is $200.
- California: 48 × $16.90 is $811.20. Disposable earnings of $800 don't exceed it, so $0 is garnishable. The calculator also notes that a city with a higher local minimum wage protects more.
- Washington: 35 × $17.13 is $599.55, and 80% of $800 is $640. The greater, $640, is protected, leaving $160 exposed.
- New York: 10% of $1,000 gross is $100, and 25% of $800 is $200. The lesser is $100.
- New Jersey: for a one-person household, 250% of the weekly poverty guideline ($15,960 a year in the 2026 HHS guideline, divided by 52) is about $767.31. Gross pay of $1,000 is above that line, so the federal formula applies, and $200 is the amount.
- Pennsylvania and North Carolina: $0 for an ordinary judgment.
What this means for collecting
If wages are barred or thin in your state, other tools may matter more. See The Debtor Won't Pay: How to Collect a Small Claims Judgment for the options, and What a Bank Levy Costs to Collect a Judgment for the cost of going after a bank account instead.
Check your own paycheck
The Wage Garnishment Calculator takes a state, a pay frequency and your gross and disposable pay, and shows what is garnishable and what is protected, cited to each state's statute. It covers ordinary private-creditor judgments only. Child support, taxes and federal student loans follow their own, more permissive rules and are out of scope. Eight states are covered: CA, FL, NY (NYC), PA, NC, MI, NJ and WA.
This is informational only, not legal advice. Confirm current rules and fees with your court clerk before filing. Last reviewed: October 2026.
Frequently asked questions
Can a small claims judgment creditor garnish wages in every state?
No. Pennsylvania exempts wages entirely for an ordinary civil judgment, with a limited exception for residential rent, and North Carolina courts apply the earnings exemption broadly enough that an ordinary creditor can't garnish wages in practice.
What is the federal limit on wage garnishment?
Under 15 U.S.C. §1673, it is the lesser of 25% of disposable earnings for the pay period, or the amount by which disposable earnings exceed 30 times the federal minimum hourly wage of $7.25. States can protect more, but not less.
Is Washington's limit lower than the federal one?
Washington protects the greater of 35 times its $17.13 state minimum wage or 80% of disposable earnings, so at most 20% of disposable earnings is exposed for a consumer debt under RCW 6.27.150(4).
What is "head of family" in Florida?
The calculator on this site describes it as providing more than half the support for a child or other dependent. Under Fla. Stat. §222.11, a head-of-family debtor's disposable earnings are exempt from an ordinary judgment unless a written waiver was signed.
Where can I check my own state's limit?
Use the Wage Garnishment Calculator for your state, pay frequency and pay amounts.
Informational only, not legal advice; confirm current rules and fees with your court clerk before filing.